Council Regulation (EU) 2016/72Show full title

CHAPTER I U.K. General provisions

Article 5 U.K. TACs and allocations

1. The TACs for Union fishing vessels in Union waters or certain non-Union waters and the allocation of such TACs among Member States, and the conditions functionally linked thereto, where appropriate, are set out in Annex I.

2. Union fishing vessels shall be authorised to make catches, within the TACs set out in Annex I, in waters falling within the fisheries jurisdiction of the Faroe Islands, Greenland, Iceland and Norway, and the fishing zone around Jan Mayen, subject to the condition set out in Article 15 of and Annex III to this Regulation and in Regulation (EC) No 1006/2008(1) and its implementing provisions.

Article 6 U.K. TACs to be determined by Member States

1. The TACs for certain fish stocks shall be determined by the Member State concerned. Those stocks are identified in Annex I.

2. The TACs to be determined by a Member State shall:

(a) be consistent with the principles and rules of the Common Fisheries Policy, in particular the principle of sustainable exploitation of the stock; and

(b) result:

(i)

if analytical assessments are available, in the exploitation of the stock consistent with maximum sustainable yield from 2016 onwards, with as high a probability as possible;

(ii)

if analytical assessments are unavailable or incomplete, in the exploitation of the stock consistent with the precautionary approach to fisheries management.

3. By 15 March 2016, each Member State concerned shall submit the following information to the Commission:

(a) the TACs adopted;

(b) the data collected and assessed by the Member State concerned on which the TACs adopted are based;

(c) details on how the TACs adopted comply with paragraph 2.

Article 7 U.K. Conditions for landing catches and by-catches

1. Catches that are not subject to the landing obligation established in Article 15 of Regulation (EU) No 1380/2013 shall be retained on board or landed only if they:

(a) have been taken by vessels flying the flag of a Member State having a quota and that quota has not been exhausted; or

(b) consist of a share in a Union quota which has not been allocated by quota among Member States, and that Union quota has not been exhausted.

2. The stocks of non-target species within safe biological limits referred to in Article 15(8) of Regulation (EU) No 1380/2013 are identified in Annex I of this Regulation for the purposes of the derogation from the obligation to count catches against the relevant quotas provided for in that Article.

Article 8 U.K. Fishing effort limits

For the periods referred to in Article 1(2)(b), the following fishing effort measures shall apply:

(a)

Annex IIA for the management of certain cod, sole, and plaice stocks in the Kattegat, the Skagerrak, that part of ICES division IIIa not covered by the Skagerrak and the Kattegat, ICES subarea IV and ICES divisions VIa, VIIa and VIId and Union waters of ICES divisions IIa and Vb;

(b)

Annex IIB for the recovery of hake and Norway lobster in ICES divisions VIIIc and IXa, with the exception of the Gulf of Cádiz;

(c)

Annex IIC for the management of the sole stock in ICES division VIIe.

Article 9 U.K. Catch and effort limits for deep-sea fisheries

1. Article 3(1) of Regulation (EC) No 2347/2002(2) establishing the requirement of holding a deep-sea fishing permit shall apply to Greenland halibut. The catching, retaining on board, transhipping and landing of Greenland halibut shall be subject to the conditions referred to in that Article.

2. This paragraph shall apply only to fishing trips on which more than 100 kg of deep-sea species, other than greater silver smelt, are caught.

Member States shall ensure that for 2016 the fishing effort levels, measured in kilowatt days absent from port, by vessels holding deep-sea fishing permits referred to in Article 3(1) of Regulation (EC) No 2347/2002, do not exceed 65 % of the average annual fishing effort deployed by the vessels of the Member State concerned in 2003 on trips when deep-sea fishing permits were held or deep-sea species, as listed in Annexes I and II to that Regulation, were caught.

Article 10 U.K. Measures on Sea bass fisheries

1. It shall be prohibited for Union fishing vessels to fish for sea bass in ICES divisions VIIb, VIIc, VIIj and VIIk, as well as in the waters of ICES divisions VIIa and VIIg that are more than 12 nautical miles from the baseline under the sovereignty of the United Kingdom. It shall be prohibited for Union fishing vessels to retain on board, tranship, relocate or land sea bass caught in that area.

2. From 1 January to 30 June 2016, it shall be prohibited for Union fishing vessels to fish for sea bass and to retain on board, relocate, tranship or land sea bass caught in the following areas:

(a) ICES divisions IVb, IVc, VIId, VIIe, VIIf and VIIh;

(b) waters within 12 nautical miles from baseline under the sovereignty of the United Kingdom in ICES divisions VIIa and VIIg.

By derogation from the first subparagraph, the following measures shall apply in the areas referred to in that subparagraph:

(a) a Union fishing vessel deploying demersal trawls and seines(3) may retain on board catches of sea bass that do not exceed 1 % of the weight of the total catches of marine organisms on board;

(b) in January 2016 and from 1 April to 30 June 2016, Union fishing vessels using hooks and lines, and fixed gillnets(4) may fish for sea bass and retain on board, relocate, tranship or land sea bass caught in that area not exceeding 1 300 kilograms per any vessel per month.

3. From 1 July to 31 December 2016 it shall be prohibited for Union fishing vessels using hooks, lines and fixed gillnets to fish for sea bass in quantities exceeding 1 300 kilograms per any vessel per month and for Union fishing vessels using other gears to fish for sea bass in quantities exceeding 1 000 kilograms per any vessel per month in the following areas:

(a) ICES divisions IVb, IVc, VIId, VIIe, VIIf and VIIh;

(b) waters within 12 nautical miles from baseline under the sovereignty of the United Kingdom in ICES divisions VIIa and VIIg.

During that period, it shall also be prohibited for Union fishing vessels to retain on board, relocate, tranship or land quantities of sea bass exceeding the quantities set in the first subparagraph caught in those areas.

4. The catch limits set in paragraphs 2 and 3 shall not be transferable from one month to another or between vessels. Member States shall report to the Commission catches of sea bass per type of gear not later than 20 days after the end of each month.

For Union fishing vessels using more than one gear in a single calendar month, the lowest catch limit set in paragraph 3 for either gear shall apply.

5. From 1 January to 30 June 2016 in recreational fisheries in ICES divisions IVb, IVc, VIIa and from VIId to VIIh, only catch-and-release fishing for sea bass, including from shore, shall be allowed. During this period, it shall be prohibited to retain on board, relocate, tranship or land sea bass caught in that area.

6. In recreational fisheries, including from shore, not more than one specimen of sea bass may be retained per fisherman per day during the following periods and in the following areas:

(a) from 1 July to 31 December 2016 in ICES divisions IVb, IVc, VIIa and from VIId to VIIh;

(b) from 1 January to 31 December 2016 in ICES divisions VIIj and VIIk.

Article 11 U.K. Special provisions on allocations of fishing opportunities

1. The allocation of fishing opportunities among Member States as set out in this Regulation is without prejudice to:

(a) exchanges made pursuant to Article 16(8) of Regulation (EU) No 1380/2013;

(b) deductions and reallocations made pursuant to Article 37 of Regulation (EC) No 1224/2009;

(c) reallocations made pursuant to Article 10(4) of Regulation (EC) No 1006/2008;

(d) additional landings allowed under Article 3 of Regulation (EC) No 847/96 and Article 15(9) of Regulation 1380/2013;

(e) quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96 and Article 15(9) of Regulation 1380/2013;

(f) deductions made pursuant to Articles 105, 106 and 107 of Regulation (EC) No 1224/2009;

(g) quota transfers and exchanges pursuant to Article 21 of this Regulation

(h) additional allocations pursuant to Article 15 of this Regulation.

2. Stocks which are subject to precautionary or analytical TACs are identified in Annex I to this Regulation for the purposes of the year-to-year management of TACs and quotas provided for in Regulation (EC) No 847/96.

3. Except where otherwise specified in Annex I to this Regulation, Article 3 of Regulation (EC) No 847/96 shall apply to stocks subject to a precautionary TAC and Article 3(2) and (3) and Article 4 of that Regulation shall apply to stocks subject to an analytical TAC.

4. Articles 3 and 4 of Regulation (EC) No 847/96 shall not apply where a Member State uses the year-to-year flexibility provided for in Article 15(9) of Regulation (EU) No 1380/2013.

Article 12 U.K. Closed fishing seasons

1. It shall be prohibited to fish or retain on board any of the following species in the Porcupine Bank during the period from 1 May to 31 May 2016: cod, megrims, anglerfish, haddock, whiting, hake, Norway lobster, plaice, pollack, saithe, skates and rays, common sole, tusk, blue ling, ling and [F1 picked dogfish].

For the purposes of this paragraph, the Porcupine Bank shall comprise the geographical area bounded by rhumb lines sequentially joining the following positions:

Point	Latitude	Longitude
1	52° 27′ N	12° 19′ W
2	52° 40′ N	12° 30′ W
3	52° 47′ N	12° 39,600′ W
4	52° 47′ N	12° 56′ W
5	52° 13,5′ N	13° 53,830′ W
6	51° 22′ N	14° 24′ W
7	51° 22′ N	14° 03′ W
8	52° 10′ N	13° 25′ W
9	52° 32′ N	13° 07,500′ W
10	52° 43′ N	12° 55′ W
11	52° 43′ N	12° 43′ W
12	52° 38,800′ N	12° 37′ W
13	52° 27′ N	12° 23′ W
14	52° 27′ N	12° 19′ W

By way of derogation from the first subparagraph, transit through the Porcupine Bank while carrying on board the species referred to in that paragraph, shall be permitted in accordance with Article 50(3), (4) and (5) of Regulation (EC) No 1224/2009.

2. Commercial fishing for sandeel with demersal trawl, seine or similar towed gears with a mesh size of less than 16 mm shall be prohibited in ICES divisions IIa, IIIa and ICES subarea IV from 1 January to 31 March 2016 and from 1 August to 31 December 2016.

The prohibition set out in the first subparagraph shall also apply to third-country vessels authorised to fish for sandeel in Union waters of ICES subarea IV.

Textual Amendments

F1 Substituted by Council Regulation (EU) 2016/1252 of 28 July 2016 amending Regulations (EU) 2016/72 and (EU) 2015/2072 as regards certain fishing opportunities.

Article 13 U.K. Prohibitions

1. It shall be prohibited for Union fishing vessels to fish for, to retain on board, to tranship or to land the following species:

(a) starry ray (Amblyraja radiata) in Union waters of ICES divisions IIa, IIIa and VIId and ICES subarea IV;

(b) white shark (Carcharodon carcharías) in all waters;

(c) leafscale gulper shark (Centrophorus squamosus) in Union waters of ICES division IIa and subarea IV and in Union and international waters of ICES subareas I and XIV;

(d) Portuguese dogfish (Centroscymnus coelolepis) in Union waters of ICES division IIa and subarea IV and in Union and international waters of ICES subareas I and XIV;

(e) basking shark (Cetorhinus maximus) in all waters;

(f) kitefin shark (Dalatias licha) in Union waters of ICES division IIa and subarea IV and in Union and international waters of ICES subareas I and XIV;

(g) birdbeak dogfish (Deania calcea) in Union waters of ICES division IIa and subarea IV and in Union and international waters of ICES subareas I and XIV;

(h) common skate (Dipturus batis) complex (Dipturus cf. flossada and Dipturus cf. intermedia) in Union waters of ICES division IIa and ICES subareas III, IV, VI, VII, VIII, IX and X;

(i) great lanternshark (Etmopterus princeps) in Union waters of ICES division IIa and subarea IV and in Union and international waters of ICES subareas I and XIV;

(j) smooth lanternshark (Etmopterus pusillus) in Union waters of ICES division IIa and subarea IV and in Union and international waters of ICES subareas I, V, VI, VII, VIII, XII and XIV;

(k) tope shark (Galeorhinus galeus) when taken with longlines in Union waters of ICES division IIa and subarea IV and in Union and international waters of ICES subareas I, V, VI, VII, VIII, XII and XIV;

(l) porbeagle (Lamna nasus) in all waters;

(m) reef manta ray (Manta alfredi) in all waters;

(n) giant manta ray (Manta birostris) in all waters;

(o) the following species of Mobula rays in all waters:

(i)

devil fish (Mobula mobular);

(ii)

lesser Guinean devil ray (Mobula rochebrunei);

(iii)

spinetail mobula (Mobula japanica);

(iv)

smoothtail mobula (Mobula thurstoni);

(v)

longhorned mobula (Mobula eregoodootenkee);

(vi)

Munk's devil ray (Mobula munkiana);

(vii)

Chilean devil ray (Mobula tarapacana);

(viii)

shortfin devil ray (Mobula kuhlii);

(ix)

lesser devil ray (Mobula hypostoma);

(p) the following species of sawfish (Pristidae) in all waters:

(i)

narrow sawfish (Anoxypristis cuspidate);

(ii)

dwarf sawfish (Pristis clavata);

(iii)

smalltooth sawfish (Pristis pectinata);

(iv)

largetooth sawfish (Pristis pristis);

(v)

green sawfish (Pristis zijsron);

(q) thornback ray (Raja clavata) in Union waters of ICES division IIIa;

(r) Norwegian skate (Raja (Dipturus) nidarosiensis) in Union waters of ICES divisions VIa, VIb, VIIa, VIIb, VIIc, VIIe, VIIf, VIIg, VIIh and VIIk;

(s) undulate ray (Raja undulata) in Union waters of ICES subareas VI and X;

(t) white skate (Raja alba) in Union waters of ICES subareas VI, VII, VIII, IX and X;

(u) guitarfishes (Rhinobatidae) in Union waters of ICES subareas I, II, III, IV, V, VI, VII, VIII, IX, X and XII;

(v) angel shark (Squatina squatina) in Union waters.

2. When accidentally caught, species referred to in paragraph 1 shall not be harmed. Specimens shall be promptly released.

Article 14 U.K. Data transmission

When, pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, Member States submit to the Commission data relating to landings of quantities of stocks caught, they shall use the stock codes set out in Annex I to this Regulation.

(1)

Council Regulation (EC) No 1006/2008 of 29 September 2008 concerning authorisations for fishing activities of Community fishing vessels outside Community waters and the access of third-country vessels to Community waters, amending Regulations (EEC) No 2847/93 and (EC) No 1627/94 and repealing Regulation (EC) No 3317/94 (OJ L 286, 29.10.2008, p. 33).

(2)

Council Regulation (EC) No 2347/2002 of 16 December 2002 establishing specific access requirements and associated conditions applicable to fishing for deep-sea stocks (OJ L 351, 28.12.2002, p. 6).

(3)

All types of demersal trawls including Danish/Scottish seines, including OTB, OTT, PTB, TBB, SSC, SDN, SPR, SV, SB, SX, TBN, TBS, TB.

(4)

All long lines or pole and line or rod and line fisheries, including LHP, LHM, LLD, LL, LTL, LX and LLS, all fixed gillnets and traps, including GTR, GNS, FYK, FPN and FIX.