Council Regulation (EC) No 2015/2006

of 19 December 2006

fixing for 2007 and 2008 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 Policy1, 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, inter alia, available scientific advice.

(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 Area VII is much too high. Scientific advice further indicates that orange roughy in Area VI is heavily depleted, and areas of vulnerable aggregations of these species have been identified. It is therefore appropriate to prohibit fishing for orange roughy in those areas.

(5)

In order to ensure effective management of quotas, the specific conditions under which fishing operations occur should be established.

(6)
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 quotas2, it is necessary to indicate which stocks are subject to the various measures fixed therein.
(7)
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 Northeast Atlantic3 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 Atlantic4.
(8)
The fishing opportunities should be utilised in accordance with the Community legislation on the matter, and in particular with Council Regulation (EEC) No 2807/83 of 22 September 1983 laying down detailed rules for recording information on Member States' catches of fish5, Commission Regulation (EEC) No 1381/87 of 20 May 1987 establishing detailed rules concerning the marking and documentation of fishing vessels6, Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy7, Council Regulation (EC) No 1627/94 of 27 June 1994 laying down general provisions concerning special fishing permits8, 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 organisms9 Council Regulation (EC) No 2347/2002 of 16 December 2002 establishing specific access requirements and associated conditions applicable for fishing for deep-sea stocks10, 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, amending Regulation (EC) No 1434/98 and repealing Regulation (EC) No 88/9811,

HAS ADOPTED THIS REGULATION:

Article 1Subject-matter

This Regulation fixes for 2007 and for 2008, for stocks of deep-sea species and for Community fishing vessels, annual fishing opportunities in zones in Community waters and in certain non-Community waters where catch limitations are required, and the specific conditions under which fishing opportunities may be utilised.

Article 2Definitions

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 3Fixing of fishing opportunities

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

Article 4Allocation among Member States

The allocation of fishing opportunities among Member States provided for in the Annex shall be without prejudice to:

  1. (a)

    exchanges made pursuant to Article 20(5) of Regulation (EC) No 2371/2002;

  2. (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;

  3. (c)

    additional landings allowed pursuant to Article 3 of Regulation (EC) No 847/96;

  4. (d)

    quantities withheld pursuant to Article 4 of Regulation (EC) No 847/96;

  5. (e)

    deductions made pursuant to Article 5 of Regulation (EC) No 847/96 and Article 23(4) of Regulation (EC) No 2371/2002.

Article 5Quota flexibility

For the purposes of Regulation (EC) No 847/96, all quotas in the Annex to the present Regulation shall be considered ‘Analytic’ quotas.

However, the measures provided for in Article 5(2) of Regulation (EC) No 847/96 shall not apply to those quotas.

Article 6Conditions for landing catch and by-catch

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.

The first subparagraph shall not apply to catches taken in the course of scientific investigations carried out under Regulation (EC) No 850/98, which shall not count against the quota.

Article 7Orange Roughy

1.

The Orange Roughy Protection Areas are defined as 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, 9° 38′ 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.

Member States shall ensure that vessels holding a deep-sea fishing permit shall be 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.

3.

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;

(b)

the average speed during transit is not less than 8 knots.

Article 8Entry into force

This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.

It shall apply as from 1 January 2007.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX

PART 1Definition of Species and Species Groups

Within each area 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.

Tusk

Brosme brosme

Roundnose grenadier

Coryphaenoides rupestris

Orange roughy

Hoplostethus atlanticus

Blue ling

Molva dypterigia

Forkbeards

Phycis blennoides

Red seabream

Pagellus bogaraveo

Where reference is made to ‘deep sea sharks’, this shall refer to sharks in the following list of species: Portuguese dogfish (Centroscymnus coelolepis), Leafscale gulper shark (Centrophorus squamosus), Birdbeak dogfish (Deania calceus), Kitefin shark (Dalatias licha), Greater lanternshark (Etmopterus princeps), Velvet belly (Etmopterus spinax), Black dogfish (Centroscyllium fabricii), Gulper shark (Centrophorus granulosus), Blackmouth dogfish (Galeus melastomus), Mouse catshark (Galeus murinus), Iceland catshark (Apristuris spp.).

PART 2Annual 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 sub-areas unless otherwise stated.

SpeciesDeep Sea Sharks

ZoneCommunity waters and waters not under the sovereignty or jurisdiction of third countries of V, VI, VII, VIII and IX

Year

200712

200812

Germany

59

F140

Spain

280

F1210

Estonia

4

2

France

1 014

F1807

Ireland

F2209

F1110

Lithuania

4

2

Poland

4

2

Portugal

381

F1232

United Kingdom

562

F1422

EC

F22 517

F11 827

12

By-catches only. No directed fisheries for deep sea sharks are permitted.

SpeciesDeep Sea Sharks

ZoneX (Community waters and waters not under the sovereignty or jurisdiction of third countries)

Year

2007

2008

Portugal

20

F122

EC

20

F122

SpeciesDeep Sea Sharks and Deania histricosa and Deania profondorum

ZoneXII (Community waters and waters not under the sovereignty or jurisdiction of third countries)

Year

2007

2008

Spain

69

F141

France

22

11

Ireland

F25

F13

United Kingdom

4

2

EC

F2100

F157

SpeciesBlack scabbardfishAphanopus carbo

ZoneCommunity waters and waters not under the sovereignty or jurisdiction of third countries of I, II, III and IV

Year

2007

2008

Germany

5

F16

France

5

F16

United Kingdom

5

F16

EC

15

F118

SpeciesBlack scabbardfishAphanopus carbo

ZoneCommunity waters and waters not under the sovereignty or jurisdiction of third countries of V, VI, VII and XII

Year

2007

2008

Germany

35

F137

Spain

173

173

Estonia

17

17

France

2 433

F12 695

Ireland

F296

F188

Latvia

113

113

Lithuania

1

1

Poland

1

1

United Kingdom

173

F1182

Others13

9

9

EC

F23 051

F13 316

13

Exclusively for by-catches. No directed fisheries are permitted under this quota.

SpeciesBlack scabbardfishAphanopus carbo

ZoneCommunity waters and waters not under the sovereignty or jurisdiction of third countries of VIII, IX and X

Year

2007

2008

Spain

13

F114

France

31

F142

Portugal

3 956

F14 344

EC

4 000

F14 400

SpeciesBlack scabbardfishAphanopus carbo

ZoneCECAF 34.1.2. (Community waters and waters not under the sovereignty or jurisdiction of third countries.)

Year

2007

2008

Portugal

4 285

F14 714

EC

4 285

F14 714

F3SpeciesAlfonsinos Beryx spp.

ZoneCommunity waters and waters not under the sovereignty or jurisdiction of third countries of III, IV, V, VI, VII, VIII, IX, X, XII and XIV

Year

2007

2008

Spain

74

74

France

20

F123

Ireland

10

10

Portugal

214

F1204

United Kingdom

10

F111

EC

328

F1322

SpeciesRoundnose grenadierCoryphaenoides rupestris

ZoneCommunity waters and waters not under the sovereignty or jurisdiction of third countries of I, II, IV and Va

Year

2007

2008

Denmark

2

2

Germany

2

2

France

14

F115

United Kingdom

2

2

EC

20

F121

SpeciesRoundnose grenadier Coryphaenoides rupestris

ZoneIIIa and Community waters of IIIbcd

Year

2007

2008

Denmark

1 002

946

Germany

6

F16 14

Sweden

52

F154

EC

1 060

F11 006

14

F4Quota may be fished in EC waters of ICES zones IIIa, IIIb, IIIc and IIId only.

SpeciesRoundnose grenadierCoryphaenoides rupestris

ZoneCommunity waters and waters not under the sovereignty or jurisdiction of third countries of Vb, VI and VII

Year

2007

2008

Germany

9

F110

Estonia

67

67

Spain

74

74

France

3 789

F14 173

Ireland

F2323

F1331

Lithuania

87

87

Poland

44

44

United Kingdom

222

F1239

Others15

9

9

EC

F24 624

F15 034

15

Exclusively for by-catches. No directed fisheries are permitted under this quota.

F3SpeciesRoundnose grenadier Coryphaenoides rupestris

ZoneCommunity waters and waters not under the sovereignty or jurisdiction of third countries of VIII, IX, X, XII and XIV

Year

2007

2008

Germany

40

F151

Spain

4 391

F14 403

France

202

F1222

Ireland

9

F110

United Kingdom

18

F120

Latvia

71

71

Lithuania

9

9

Poland

1 374

1 374

EC

6 114

F16 160

F4SpeciesOrange roughy Hoplostethus atlanticus

ZoneVI (Community waters)

Year

2007

2008

Spain

6

F15

France

33

F125

Ireland

6

F15

United Kingdom

6

F15

EC

51

F140

SpeciesOrange roughy Hoplostethus atlanticus

ZoneVII (Community waters)

Year

2007

2008

Spain

1

1

France

147

F1108

Ireland

43

F1– 103

United Kingdom

1

1

Others16

1

1

EC

193

F18

16

F4Exclusively for by-catches. No directed fisheries are permitted under this quota.

F5SpeciesOrange roughy Hoplostethus atlanticus

ZoneEC waters and waters not under the sovereignty or jurisdiction of third countries I, II, III, IV, V, VIII, IX, X, XII and XIV

Year

2007

2008

Spain

4

3

France

23

15

Ireland

6

4

Portugal

7

5

United Kingdom

4

3

EC

44

30

SpeciesBlue lingMolva dypterygia

ZoneCommunity waters and waters not under the sovereignty or jurisdiction of third countries of II, IV and V

Year

2007

2008

Denmark

F28

F17

Germany

7

F17

France

42

F140

Ireland

7

6

United Kingdom

25

F122

Others17

7

6

EC

F296

F188

17

Exclusively for by-catches. No directed fisheries are permitted under this quota.

SpeciesBlue lingMolva dypterygia

ZoneIII (Community waters and waters not under the sovereignty or jurisdiction of third countries)

Year

2007

2008

Denmark

F29

F17

Germany

4

3

Sweden

8

F17

EC

F221

F117

SpeciesBlue ling Molva dypterygia

ZoneCommunity waters and waters not under the sovereignty or jurisdiction of third countries of VI and VII19

Year

2007

2008

Germany

26

21

Estonia

4

3

Spain

83

F1– 72

France

1 898

F11 698

Ireland

7

6

Lithuania

2

1

Poland

1

1

United Kingdom

482

F1408

Others18

7

6

EC

2 510

F12 072

19

Member States shall ensure that the fishery for blue ling is scientifically monitored, in particular the activities of those fishing vessels that landed more than 30 tonnes of blue ling in 2005. All vessels shall give prior notification of landing of more than 5 tonnes of blue ling and shall not land more than 25 tonnes of blue ling at the end of any fishing trip.

18

F3Exclusively for by-catches. No directed fisheries are permitted under this quota.

SpeciesRed seabreamPagellus bogaraveo

ZoneCommunity waters and waters not under the sovereignty or jurisdiction of third countries of VI, VII and VIII

Year

2007

2008

Spain

238

F1222

France

12

F117

Ireland

F210

9

United Kingdom

30

30

Others20

9

9

EC

F2299

F1287

20

Exclusively for by-catches. No directed fisheries are permitted under this quota.

SpeciesRed seabreamPagellus bogaraveo

ZoneIX (Community waters and waters not under the sovereignty or jurisdiction of third countries)

Year

2007

2008

Spain

850

F1935

Portugal

230

F1253

EC

1 080

F11 188

SpeciesRed seabream Pagellus bogaraveo

ZoneX (Community waters and waters not under the sovereignty or jurisdiction of third countries)

Year

2007

2008

Spain21

10

F111

Portugal21

1 116

1 116

United Kingdom21

10

F111

EC21

1 136

F11 138

21

F3Up to 10 % of the 2008 quotas may be taken in December 2007.

SpeciesForkbeardsPhycis blennoides

ZoneCommunity waters and waters not under the sovereignty or jurisdiction of third countries of I, II, III and IV

Year

2007

2008

Germany

10

F111

France

10

F111

United Kingdom

16

F118

EC

36

F140

SpeciesForkbeardsPhycis blennoides

ZoneCommunity waters and waters not under the sovereignty or jurisdiction of third countries of V, VI and VII

Year

2007

2008

Germany

10

F111

Spain

588

588

France

356

F1424

Ireland

F2276

260

United Kingdom

814

F1885

EC

F22 044

F12 168

SpeciesForkbeardsPhycis blennoides

ZoneCommunity waters and waters not under the sovereignty or jurisdiction of third countries of VIII and IX

Year

2007

2008

Spain

242

F1247

France

F211

F118

Portugal

10

10

EC

F2263

F1275

Species18Phycis blennoides

ZoneCommunity waters and waters not under the sovereignty or jurisdiction of third countries of X and XII

Year

2007

2008

France

10

F111

Portugal

43

F147

United Kingdom

10

F111

EC

63

F169