Council Regulation (EU) No 40/2013 of 21 January 2013 fixing for 2013 the fishing opportunities available in EU waters and, to EU vessels, in certain non-EU waters for certain fish stocks and groups of fish stocks which are subject to international negotiations or agreements
TITLE I — GENERAL PROVISIONS
Subject matter
1. This Regulation fixes fishing opportunities available in EU waters and, to EU vessels, in certain non-EU waters for certain fish stocks and groups of fish stocks which are subject to international negotiations or agreements.
2. The fishing opportunities referred to in paragraph 1 shall include:
(a)
catch limits for the year 2013 and, where specified in this Regulation, for the year 2014;
(b)
fishing effort limits for the period from 1 February 2013 to 31 January 2014;
(c)
fishing opportunities for the period from 1 December 2012 to 30 November 2013 for certain stocks in the CCAMLR Convention Area; and
(d)
fishing opportunities for the periods set out in Article 27 for certain stocks in the IATTC Convention Area for the year 2013 and, where specified in this Regulation, for the year 2014.
3. This Regulation also fixes provisional fishing opportunities for certain fish stocks and groups of fish stocks subject to the bilateral fisheries arrangements with Norway, pending the consultations on those arrangements for 2013.
Scope
This Regulation shall apply to the following vessels:
(a)
EU vessels;
(b)
third-country vessels in EU waters.
Definitions
For the purpose 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 overseas countries and territories listed in Annex II to the Treaty;
(d)
‧total allowable catch‧ (TAC) means the quantity that can be taken and landed from each fish 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 of fishing nets as determined in accordance with Regulation (EC) No 517/2008 ( 15 ) .
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 the geographical areas specified in Annex III to Regulation (EC) No 218/2009 ( 16 ) ;
(b)
‧Skagerrak‧ means the geographical 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 geographical 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)
CECAF (Committee for Eastern Central Atlantic Fisheries) areas are the geographical areas specified in Annex II to Regulation (EC) No 216/2009 ( 17 ) ;
(e)
NAFO (Northwest Atlantic Fisheries Organisation) areas are the geographical areas specified in Annex III to Regulation (EC) No 217/2009 ( 18 ) ;
(f)
‧SEAFO (South East Atlantic Fisheries Organisation) Convention Area‧ is the geographical area defined in the Convention on the Conservation and Management of Fishery Resources in the South-East Atlantic Ocean ( 19 ) ;
(g)
‧ICCAT (International Commission for the Conservation of Atlantic Tunas) Convention Area‧ is the geographical area defined in the International Convention for the Conservation of Atlantic Tunas ( 20 ) ;
(h)
‧CCAMLR (Commission for the Conservation of Antarctic Marine Living Resources) Convention Area‧ is the geographical area defined in point (a) of Article 2 of Regulation (EC) No 601/2004 ( 21 ) ;
(i)
‧IATTC (Inter American Tropical Tuna Commission) Convention Area‧ is the geographical area 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 ( 22 ) ;
(j)
‧IOTC (Indian Ocean Tuna Commission) Convention Area‧ is the geographical area defined in the Agreement for the establishment of the Indian Ocean Tuna Commission ( 23 ) ;
(k)
‧SPRFMO (South Pacific Regional Fisheries Management Organisation) Convention Area‧ is the high seas geographical 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 ( 24 ) , and west of the areas of fisheries jurisdictions of South American States;
(l)
‧the WCPFC (Western and Central Pacific Fisheries Commission) Convention Area‧ is the geographical area defined in the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean ( 25 ) ;
(m)
‧high seas of the Bering Sea‧ is the geographical 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.
TITLE II — FISHING OPPORTUNITIES FOR EU VESSELS
CHAPTER I — General provisions
TACs and allocations
1. The TACs for EU vessels in EU waters or in certain non-EU 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. EU vessels are 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 14 of and Annex III to this Regulation and in Regulation (EC) No 1006/2008 ( 26 ) and its implementing provisions.
Additional allocations for vessels participating in trials on fully documented fisheries
1. For certain stocks, a Member State may grant an additional allocation to vessels flying its flag and participating in trials on fully documented fisheries. Those stocks are identified in Annex I.
2. The additional allocation referred to in paragraph 1 shall not exceed the overall limit set out in Annex I as a percentage of the quota allocated to that Member State.
3. The additional allocation referred to in paragraph 1 shall comply with the following conditions:
(a)
the vessel makes use of close circuit television cameras (CCTV) associated to a system of sensors (jointly referred to as "the CCTV system") to record all on board fishing and processing activities;
(b)
the additional allocation granted to an individual vessel that participates in trials on fully documented fisheries shall not exceed any of the following limits:
(i)
75 % of the discards of the stock, as estimated by the relevant Member State, produced by the type of vessel to which the individual vessel that has been granted the additional allocation belongs;
(ii)
30 % of the vessel's individual allocation prior to participating in the trials;
(c)
all catches by the vessel from the stock subject to the additional allocation, including fish that are under minimum landing size as defined in Annex XII of Regulation (EC) No 850/98, shall be counted against the individual allocation of the vessel, as resulting from any additional allocation granted under this Article;
(d)
once the individual allocation for any stock subject to the additional allocation has been fully utilised by a vessel, the vessel in question must cease all fishing activity in the relevant TAC area;
(e)
in respect of the stocks for which this Article may be used, the Member States may allow transfers of the individual allocation or any part thereof from vessels not participating in the fully documented fisheries trials to vessels participating in those trials provided that it can be demonstrated that discards by the non-participating vessels do not increase.
4. Notwithstanding point (i) of point (b) of paragraph 3, a Member State may exceptionally grant to a vessel flying its flag an additional allocation exceeding 75 % of the estimated discards of the stock produced by the type of vessel to which the individual vessel that has been granted the additional allocation belongs, provided that:
(a)
the rate of stock discards, as estimated for the relevant type of vessel, is less than 10 %;
(b)
the inclusion of that type of vessel is important to evaluate the potential of the CCTV system for control purposes;
(c)
an overall limit of 75 % of the estimated stock discards produced by all vessels participating in the trials is not exceeded.
5. To the extent that the recordings obtained in accordance with point (a) of paragraph 3 involve the processing of personal data within the meaning of Directive 95/46/EC, that Directive shall apply to the processing of such data.
6. Where a Member State detects that a vessel participating in trials on fully documented fisheries fails to comply with the conditions set out in paragraph 3, it shall immediately withdraw the additional allocation granted to that vessel and exclude it from participation in those trials for the remainder of the year 2013.
7. Prior to granting the additional allocation referred to in paragraphs 1 to 6, a Member State shall submit to the Commission the following information:
(a)
the list of vessels flying its flag and participating in trials on fully documented fisheries;
(b)
the specifications of the remote electronic monitoring equipment installed on board those vessels;
(c)
the capacity, type and specification of gears used by those vessels;
(d)
the estimated discards for each type of vessel participating in the trials;
(e)
the amount of catches of the stock subject to the relevant TAC made in 2012 by the vessels participating in the trials.
8. The Commission may request any Member State that avails itself of this Article to submit its assessment of the discards produced per type of vessel to a scientific advisory body for review, in order to monitor the implementation of the requirement set out in point (i) of point (b) of paragraph 3. In the absence of an assessment confirming such discards, the Member State concerned shall take any appropriate measure to ensure compliance with that requirement and inform the Commission thereof.
Conditions for landing catches and by-catches
Fish from stocks for which TACs are established shall be retained on board or landed only if:
(a)
the catches have been taken by vessels flying the flag of a Member State having a quota and that quota is not exhausted; or
(b)
the catches consist of a share in a EU quota which has not been allocated by quota among Member States, and that EU quota has not been exhausted.
Fishing effort limits
From 1 February 2013 to 31 January 2014, the fishing effort measures laid down in Annex IIA shall apply for the management of certain cod, plaice and sole stocks in:
(a)
the Skagerrak;
(b)
that part of ICES division IIIa not covered by the Skagerrak and the Kattegat;
(c)
ICES subarea IV;
(d)
EU waters of ICES division IIa; and
(e)
ICES division VIId.
Catch and effort limits for deep-sea fisheries
1. Article 3(1) of Regulation (EC) No 2347/2002 ( 27 ) 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. Member States shall ensure that for 2013 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. This paragraph shall apply only to fishing trips on which more than 100 kg of deep-sea species, other than greater silver smelt, were caught.
Special provisions on allocations of fishing opportunities
1. The allocation of fishing opportunities among Member States as set out in this Regulation shall be without prejudice to:
(a)
exchanges made pursuant to Article 20(5) of Regulation (EC) No 2371/2002;
(b)
reallocations made pursuant to Article 37 of Regulation (EC) No 1224/2009 or pursuant to Article 10(4) of Regulation (EC) No 1006/2008;
(c)
additional landings allowed under Article 3 of Regulation (EC) No 847/96;
(d)
quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96;
(e)
deductions made pursuant to Articles 37, 105, 106 and 107 of Regulation (EC) No 1224/2009;
(f)
quota transfers and exchanges pursuant to Article 15 of this Regulation.
2. Except where otherwise specified in Annex I to this Regulation, Article 3 of Regulation (EC) No 847/96 shall apply to stocks subject to precautionary TAC and Article 3(2) and (3) and Article 4 of that Regulation shall apply to stocks subject to analytical TAC.
Closed fishing season
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 2013: tusk, blue ling and ling.
2. For the purposes of this Article, 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
3. By way of derogation from paragraph 1, 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.
Prohibitions
1. It shall be prohibited for EU vessels to fish for, to retain on board, to tranship or to land the following species:
(a)
basking shark ( Cetorhinus maximus ) and white shark ( Carcharodon carcharias ) in all waters;
(b)
porbeagle ( Lamna nasus ) in all waters, except where it is provided otherwise in Annex I, Part B of Regulation (EU) No 39/2013 ( 28 ) ;
(c)
angel shark ( Squatina squatina ) in EU waters;
(d)
common skate ( Dipturus batis ) in EU waters of ICES division IIa and ICES subareas III, IV, VI, VII, VIII, IX and X;
(e)
undulate ray ( Raja undulata ) and white skate ( Raja alba ) in EU waters of ICES subareas VI, VII, VIII, IX and X;
(f)
guitarfishes ( Rhinobatidae ) in EU waters of ICES subareas I, II, III, IV, V, VI, VII, VIII, IX, X and XII;
(g)
giant manta ray ( Manta birostris ) in all waters.
2. When accidentally caught, species referred to in paragraphs 1 shall not be harmed. Specimens shall be promptly released.
Data transmission
When, pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, Member States submit to the Commission data relating to the landings of quantities of stocks caught, they shall use the stock codes set out in Annex I to this Regulation.
CHAPTER II — Fishing authorisations in third-country waters
Fishing authorisations
1. The maximum number of fishing authorisations for EU vessels fishing in waters of a third country is set out in Annex III.
2. Where one Member State transfers quota to another Member State ("swap") in the fishing areas set out in Annex III on the basis of Article 20(5) of Regulation (EC) No 2371/2002, the transfer shall include an appropriate transfer of fishing authorisations and shall be notified to the Commission. However, the total number of fishing authorisations for each fishing area, as set out in Annex III, shall not be exceeded.
CHAPTER III — Fishing opportunities in waters of regional fisheries management organisations
Quota transfers and exchanges
1. Where, under the rules of a regional fisheries management organisation ("RFMO"), quota transfers or exchanges between the Contracting Parties to the RFMO are permitted, a Member State ("the Member State concerned") may discuss with a Contracting Party to the RFMO and, as appropriate, establish a possible outline of an intended quota transfer or exchange.
2. Upon notification to the Commission by the Member State concerned, the Commission may endorse the outline of the intended quota transfer or exchange that the Member State has discussed with the concerned Contracting Party to the RFMO. Thereupon, the Commission shall exchange, without undue delay, the consent to be bound by such quota transfer or exchange with the concerned Contracting Party to the RFMO. The Commission shall then give notification of the agreed quota transfer or exchange to the secretariat of the RFMO in accordance with the rules of that organisation.
3. The Commission shall inform the Member States of the agreed quota transfer or exchange.
4. The fishing opportunities received from or transferred to the concerned Contracting Party to the RFMO under the quota transfer or exchange shall be deemed to be quotas allocated to or deducted from the allocation of, the Member State concerned, as of the moment that the quota transfer or exchange takes effect in accordance with the terms of the agreement reached with the concerned Contracting Party to the RFMO or in accordance with the rules of the relevant RFMO, as appropriate. Such allocation shall not change the existing distribution key for the purpose of allocating fishing opportunities among Member States in accordance with the principle of relative stability of fishing activities.
Section 1 — ICCAT Convention Area
Fishing, farming and fattening capacity limitations for bluefin tuna
1. The number of EU bait boats and trolling boats authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Eastern Atlantic shall be limited as set out in point 1 of Annex IV.
2. The number of EU coastal artisanal fishing vessels authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Mediterranean shall be limited as set out in point 2 of Annex IV.
3. The number of EU vessels fishing for bluefin tuna in the Adriatic Sea for farming purposes authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm shall be limited as set out in point 3 of Annex IV.
4. The number and total capacity in gross tonnage of fishing vessels authorised to fish for, retain on board, tranship, transport, or land bluefin tuna in the eastern Atlantic and Mediterranean shall be limited as set out in point 4 of Annex IV.
5. The number of traps engaged in the eastern Atlantic and Mediterranean bluefin tuna fishery shall be limited as set out in point 5 of Annex IV.
6. The bluefin tuna farming capacity, the fattening capacity and the maximum input of wild caught bluefin tuna allocated to the farms in the eastern Atlantic and Mediterranean shall be limited as set out in point 6 of Annex IV.
Recreational and sport fisheries
Member States shall allocate a specific quota of bluefin tuna for recreational and sport fisheries from their quotas allocated in Annex ID.
Sharks
1. Retaining on board, transhipping or landing any part or whole carcass of bigeye thresher sharks ( Alopias superciliosus ) in any fishery shall be prohibited.
2. It shall be prohibited to undertake a directed fishery for species of thresher sharks of the genus Alopias .
3. Retaining on board, transhipping or landing any part or whole carcass of hammerhead sharks of the family Sphyrnidae (except for the Sphyrna tiburo ) in association with fisheries in the ICCAT Convention Area shall be prohibited.
4. Retaining on board, transhipping or landing any part or whole carcass of oceanic whitetip sharks ( Carcharhinus longimanus ) taken in any fishery shall be prohibited.
5. Retaining on board silky sharks ( Carcharhinus falciformis ) taken in any fishery shall be prohibited.
Section 2 — CCAMLR Convention Area
Prohibitions and catch limitations
1. Direct fishing of the species set out in Annex V, Part A, shall be prohibited in the zones and during the periods set out therein.
2. For exploratory fisheries, the TACs and by-catch limits set out in Annex V, Part B, shall apply in the subareas set out therein.
Exploratory fisheries
1. Only those Member States which are members of the CCAMLR Commission may participate in longline exploratory fisheries for Dissostichus spp. in FAO Subareas 88.1 and 88.2 as well as in Divisions 58.4.1, 58.4.2 and 58.4.3a outside areas of national jurisdiction in 2013. If such a Member State intends to participate in such fisheries, it shall notify the CCAMLR Secretariat in accordance with Articles 7 and 7a of Regulation (EC) No 601/2004 and in any case no later than 1 June 2013.
2. With regard to FAO Subareas 88.1 and 88.2 as well as Divisions 58.4.1,58.4.2 and 58.4.3a TACs and by-catch limits per subarea and division, and their distribution among Small Scale Research Units (SSRUs) within each of them, shall be as set out in Annex V, Part B. Fishing in any SSRU shall cease when the reported catch reaches the specified TAC, and the SSRU shall be closed to fishing for the remainder of the season.
3. Fishing shall take place over as large a geographical and bathymetric range as possible to obtain the information necessary to determine fishery potential and to avoid over-concentration of catch and fishing effort. However, fishing in FAO Subareas 88.1 and 88.2 as well as in Divisions 58.4.1, 58.4.2 and 58.4.3a shall be prohibited in depths less than 550 m.
Krill fishery during the 2013/2014 fishing season
1. Only those Member States which are members of the CCAMLR Commission may fish for krill ( Euphausia superba ) in the CCAMLR Convention Area during the 2013/2014 fishing season. If such a Member State intends to fish for krill in the CCAMLR Convention Area, it shall notify the CCAMLR Secretariat, in accordance with Article 5a of Regulation (EC) No 601/2004, and the Commission, and in any case no later than 1 June 2013:
(a)
of its intention to fish for krill, using the format laid down in Annex V, Part C;
(b)
of the net configuration form, using the format laid down in Annex V, Part D.
2. The notification referred to in paragraph 1 of this Article shall include the information provided for in Article 3 of Regulation (EC) No 601/2004 for each vessel to be authorised by the Member State to participate in the krill fishery.
3. A Member State intending to fish for krill in the CCAMLR Convention Area shall only notify its intention to do so in respect of authorised vessels either flying its flag at the time of the notification or flying the flag of another CCAMLR member that are expected, at the time the fishery takes place, to be flying the flag of that Member State.
4. Member States shall be entitled to authorise participation in a krill fishery by vessels other than those notified to CCAMLR Secretariat in accordance with paragraphs 1, 2 and 3 of this Article, if an authorised vessel is prevented from participation due to legitimate operational reasons or force majeure . In such circumstances the Member States concerned shall immediately inform the CCAMLR Secretariat and the Commission, providing:
(a)
full details of the intended replacement vessel(s), including information provided for in Article 3 of Regulation (EC) No 601/2004;
(b)
a comprehensive account of the reasons justifying the replacement and any relevant supporting evidence or references.
5. Member States shall not authorise a vessel on either of the CCAMLR illegal, unreported and unregulated (IUU) Vessel Lists to participate in krill fisheries.
Section 3 — IOTC Convention Area
Limitation of fishing capacity of vessels fishing in the IOTC Convention Area
1. The maximum number of EU vessels fishing for tropical tunas in the IOTC Convention Area and the corresponding capacity in gross tonnage shall be as set out in point 1 of Annex VI.
2. The maximum number of EU vessels fishing for swordfish ( Xiphias gladius ) and albacore ( Thunnus alalunga ) in the IOTC Convention Area and the corresponding capacity in gross tonnage shall be as set out in point 2 of Annex VI.
3. Member States may re-allocate vessels assigned to one of the two fisheries referred to in paragraphs 1 and 2 to the other fishery, provided that they can demonstrate to the Commission that this change does not lead to an increase of fishing effort on the fish stocks involved.
4. Member States shall ensure that, where there is a proposed transfer of capacity to their fleet, vessels to be transferred are on the IOTC Record of Vessels or on the record of vessels of other tuna regional fisheries organisations. Furthermore, no vessels featuring on the list of vessels engaged in IUU fishing activities (IUU vessels) of any RFMO may be transferred.
5. In order to take into account the implementation of the development plans submitted to the IOTC, Member States may only increase their fishing capacity beyond the ceilings referred to in paragraphs 1 and 2 within the limits set out in those plans.
Sharks
1. Retaining on board, transhipping or landing any part or whole carcass of thresher sharks of all the species of the family Alopiidae in any fishery shall be prohibited.
2. When accidentally caught, species referred to in paragraph 1 shall not be harmed. Specimens shall be promptly released.
Section 4 — SPRFMO Convention Area
Pelagic fisheries - capacity limitation
Member States having actively exercised pelagic fisheries activities in the SPRFMO Convention Area in 2007, 2008 or 2009 shall limit the total level of gross tonnage of vessels flying their flag and fishing for pelagic stocks in 2013 to the levels of total 78 610 gross tonnage in that area in such manner that sustainable exploitation of the pelagic fishery resources in the South Pacific is ensured.
Pelagic fisheries – TACs
1. Only Member States having actively exercised pelagic fisheries activities in the SPRFMO Convention Area in 2007, 2008 or 2009, as specified in Article 24, may fish for pelagic stocks in that area in accordance with the TACs set out in Annex IJ.
2. Member States shall notify the Commission on a monthly basis of the names and characteristics, including gross tonnage, of vessels flying their flag engaged in the fishery referred to in this Article.
3. For the purpose of monitoring the fishery referred to in this Article, Member States shall send to the Commission, in order to communicate them to the SPRFMO Interim Secretariat, records from vessel monitoring systems (VMS), monthly catch reports and, where available, port calls at the latest by the fifteenth day of the following month.
Bottom fisheries
Member States with a track record in bottom fishing effort or catch in the SPRFMO Convention Area over the period from 1 January 2002 to 31 December 2006 shall limit their effort or catch to:
(a)
the average level of catches or effort parameters over that period; and
(b)
only those parts of the SPRFMO Convention Area where bottom fisheries have occurred in any previous fishing season.
Section 5 — IATTC Convention Area
Purse-seine fisheries
1. The fishing by purse-seine vessels for yellowfin tuna ( Thunnus albacares ), bigeye tuna ( Thunnus obesus ) and skipjack tuna ( Katsuwonus pelamis ) shall be prohibited:
(a)
from 29 July to 28 September 2013 or from 18 November 2013 to 18 January 2014 in the area defined by the following limits:
—
the Pacific coastlines of the Americas,
—
longitude 150° W,
—
latitude 40° N,
—
latitude 40° S;
(b)
from 29 September to 29 October 2013 in the area defined by the following limits:
—
longitude 96° W,
—
longitude 110° W,
—
latitude 4° N,
—
latitude 3° S.
2. The Member States concerned shall notify the Commission of the selected period of closure referred to in paragraph 1 before 1 April 2013. All the purse-seine vessels of the Member States concerned shall stop purse-seine fishing in the areas defined in paragraph 1 during the selected period.
3. Purse-seine vessels fishing for tuna in the IATTC Convention Area shall retain on board and then land or tranship all yellowfin, bigeye and skipjack tuna caught.
4. Paragraph 3 shall not apply in the following cases:
(a)
where the fish is considered unfit for human consumption for reasons other than size; or
(b)
during the final set of a trip when there may be insufficient well space remaining to accommodate all the tuna caught in that set.
5. It shall be prohibited to fish for oceanic whitetip sharks ( Carcharhinus longimanus ) in the IATTC Convention Area, and to retain on board, to tranship, to store, to offer to sell, to sell or to land any part or whole carcass of oceanic whitetip sharks in that area.
6. When accidentally caught, the species referred to in paragraph 5 shall not be harmed. Specimens shall be promptly released by vessel operators, who shall also:
(a)
record the number of releases with indication of status (dead or alive);
(b)
report the information specified in paragraph (a) to the Member State of which they are nationals. Member States shall transmit this information to the Commission by 31 January 2013.
Section 6 — SEAFO Convention Area
Prohibition of fishing for deep water sharks
Directed fishing for the following deep water sharks in the SEAFO Convention Area shall be prohibited:
—
skates ( Rajidae ),
—
spiny dogfish ( Squalus acanthias ),
—
blurred smooth lanternshark ( Etmopterus bigelowi ),
—
shorttail lanternshark ( Etmopterus brachyurus ),
—
great lanternshark ( Etmopterus princeps ),
—
smooth lanternshark ( Etmopterus pusillus ),
—
ghost catshark ( Apristurus manis ),
—
velvet dogfish ( Scymnodon squamulosus ),
—
deep-sea sharks of super-order Selachimorpha .
Section 7 — WCPFC Convention Area
Fishing effort limitations for bigeye tuna, yellowfin tuna, skipjack tuna and south Pacific albacore
Member States shall ensure that the total fishing effort for bigeye tuna ( Thunnus obesus ), yellowfin tuna ( Thunnus albacares ), skipjack tuna ( Katsuwonus pelamis ) and south Pacific albacore ( Thunnus alalunga ) in the WCPFC Convention Area is limited to the fishing effort provided for in fisheries partnership agreements between the Union and coastal States in that region.
Closed area for FAD fishing
1. In the part of the WCPFC Convention Area located between 20° N and 20° S, fishing activities of purse-seine vessels making use of fish aggregating devices (FADs) shall be prohibited between 00:00 hours of 1 July 2013 and 24:00 hours of 30 September 2013. During that period, a purse-seine vessel may only engage in fishing operations within that part of the WCPFC Convention Area if it carries onboard an observer to monitor that at no time does the vessel:
(a)
deploy or service a FAD or associated electronic device;
(b)
fish on schools in association with FADs.
2. All purse- seine vessels fishing in the part of the WCPFC Convention Area referred to in paragraph 1 shall retain onboard and land or tranship all bigeye, yellowfin and skipjack tuna caught.
3. Paragraph 2 shall not apply in the following cases:
(a)
in the final set of a trip, if the vessel has insufficient well space left to accommodate all fish;
(b)
where the fish is unfit for human consumption for reasons other than size; or
(c)
when a serious malfunction of freezer equipment occurs.
Limitations to the number of EU vessels authorised to fish swordfish
The maximum number of EU vessels authorised to fish for swordfish ( Xiphias gladius ) in areas south of 20° S of the WCPFC Convention Area shall be as indicated in Annex VII.
Prohibition on fishing in the high seas of the Bering Sea
Fishing for pollock ( Theragra chalcogramma ) in the high seas of the Bering Sea shall be prohibited.
TITLE III — FISHING OPPORTUNITIES FOR THIRD-COUNTRY VESSELS IN EU WATERS
TACs
Fishing vessels flying the flag of Norway and fishing vessels registered in the Faroe Islands shall be authorised to make catches in EU waters within the TACs set out in Annex I to this Regulation and subject to the conditions provided for in this Regulation and Chapter III of Regulation (EC) No 1006/2008.
Fishing authorisations
1. The maximum number of fishing authorisations for third-country vessels fishing in EU waters is laid down in Annex VIII.
2. Fish from stocks for which TACs are fixed shall not be retained on board or landed unless the catches have been taken by third-country vessels having a quota and that quota is not exhausted.
Prohibitions
1. It shall be prohibited for third-country vessels to fish for, to retain on board, to tranship or to land the following species:
(a)
basking shark ( Cetorhinus maximus ) and white shark ( Carcharodon carcharias ) in EU waters;
(b)
angel shark ( Squatina squatina ) in EU waters;
(c)
common skate ( Dipturus batis ) in EU waters of ICES division IIa and ICES subareas III, IV, VI, VII, VIII, IX and X;
(d)
undulate ray ( Raja undulata ) and white skate ( Raja alba ) in EU waters of ICES subareas VI, VII, VIII, IX and X;
(e)
porbeagle ( Lamna nasus ) in EU waters;
(f)
guitarfishes ( Rhinobatidae ) in EU waters of ICES subareas I, II, III, IV, V, VI, VII, VIII, IX, X and XII;
(g)
giant manta ray ( Manta birostris ) in EU waters.
2. When accidentally caught, species referred to in paragraph 1 shall not be harmed. Specimens shall be promptly released.
TITLE IV — FINAL PROVISIONS
Entry into force and application
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union .
It shall apply from 1 January 2013.
However, Article 8 shall apply from 1 February 2013.
The provisions on fishing opportunities set out in Articles 19, 20 and 21 and Annexes IE and V for the CCAMLR Convention Area shall apply from the dates specified therein.
Supplementary provisions
ANNEX ISupplementary provisions
ANNEX I
TACs APPLICABLE TO EU VESSELS IN AREAS WHERE TACs EXIST BY SPECIES AND BY AREA
The tables in Annexes IA, IB, IC, ID, IE, IF, IG, IH and IJ set out the TACs and quotas (in tonnes live weight, except where otherwise specified) by stock, and conditions functionally linked thereto, where appropriate. All fishing opportunities set out in this Annex shall be subject to the rules set out in Regulation (EC) No 1224/2009, and in particular Articles 33 and 34 of that Regulation.
The references to fishing zones are references to ICES zones, unless otherwise specified. Within each area, fish stocks are referred to following the alphabetical order of the Latin names of the species. For the purposes of this Regulation, the following comparative table of Latin names and common names is provided:
Scientific name
Alpha-3 code
Common name
Amblyraja radiata
RJR
Starry ray
Ammodytes spp.
SAN
Sandeels
Argentina silus
ARU
Greater silver smelt
Beryx spp.
ALF
Alfonsinos
Brosme brosme
USK
Tusk
Caproidae
BOR
Boarfish
Centrophorus squamosus
GUQ
Leafscale gulper shark
Centroscymnus coelolepis
CYO
Portuguese dogfish
Chaceon spp.
GER
Deep sea red crab
Chaenocephalus aceratus
SSI
Blackfin icefish
Champsocephalus gunnari
ANI
Mackerelicefish
Chionoecetes spp.
PCR
Snow crab
Clupea harengus
HER
Herring
Coryphaenoides rupestris
RNG
Roundnose grenadier
Dalatias licha
SCK
Kitefin shark
Deania calcea
DCA
Birdbeak dogfish
Dipturus batis
RJB
Common skate
Dissostichus eleginoides
TOP
Patagonian toothfish
Dissostichus mawsoni
TOA
Antarctic toothfish
Engraulis encrasicolus
ANE
Anchovy
Etmopterus princeps
ETR
Great lanternshark
Etmopterus pusillus
ETP
Smooth lanternshark
Euphausia superba
KRI
Krill
Gadus morhua
COD
Cod
Galeorhinus galeus
GAG
Tope shark
Glyptocephalus cynoglossus
WIT
Witch flounder
Gobionotothen gibberifrons
NOG
Humped rockcod
Hippoglossoides platessoides
PLA
American plaice
Hippoglossus hippoglossus
HAL
Atlantic halibut
Hoplostethus atlanticus
ORY
Orange roughy
Illex illecebrosus
SQI
Shortfin squid
Lamna nasus
POR
Porbeagle
Lepidonotothen squamifrons
NOS
Grey rockcod
Lepidorhombus spp.
LEZ
Megrims
Leucoraja naevus
RJN
Cuckoo ray
Limanda ferruginea
YEL
Yellowtail flounder
Limanda limanda
DAB
Common dab
Lophiidae
ANF
Anglerfish
Macrourus spp.
GRV
Grenadiers
Makaira nigricans
BUM
Blue marlin
Mallotus villosus
CAP
Capelin
Manta birostris
RMB
Giant manta ray
Martialia hyadesi
SQS
Squid
Melanogrammus aeglefinus
HAD
Haddock
Merlangius merlangus
WHG
Whiting
Merluccius merluccius
HKE
Hake
Micromesistius poutassou
WHB
Blue whiting
Microstomus kitt
LEM
Lemon sole
Molva dypterygia
BLI
Blue ling
Molva molva
LIN
Ling
Nephrops norvegicus
NEP
Norway lobster
Notothenia rossii
NOR
Marbled rockcod
Pandalus borealis
PRA
Northern prawn
Paralomis spp.
PAI
Crabs
Penaeus spp.
PEN
"Penaeus" shrimps
Platichthys flesus
FLE
European flounder
Pleuronectes platessa
PLE
Plaice
Pleuronectiformes
FLX
Flatfish
Pollachius pollachius
POL
Pollack
Pollachius virens
POK
Saithe
Psetta maxima
TUR
Turbot
Pseudochaenichthys georgianus
SIG
South Georgia icefish
Raja alba
RJA
White skate
Raja brachyura
RJH
Blonde ray
Raja circularis
RJI
Sandy ray
Raja clavata
RJC
Thornback ray
Raja fullonica
RJF
Shagreen ray
Raja (Dipturus) nidarosiensis
JAD
Norwegian skate
Raja microocellata
RJE
Small-eyed ray
Raja montagui
RJM
Spotted ray
Raja undulata
RJU
Undulate ray
Rajiformes
SRX
Skates and rays
Reinhardtius hippoglossoides
GHL
Greenland halibut
Scomber scombrus
MAC
Mackerel
Scophthalmus rhombus
BLL
Brill
Sebastes spp.
RED
Redfish
Solea solea
SOL
Common sole
Solea spp.
SOO
Sole
Sprattus sprattus
SPR
Sprat
Squalus acanthias
DGS
Spurdog/dogfish
Tetrapturus albidus
WHM
White marlin
Thunnus maccoyii
SBF
Southern bluefin tuna
Thunnus obesus
BET
Bigeye tuna
Thunnus thynnus
BFT
Bluefin tuna
Trachurus murphyi
CJM
Jack mackerel
Trachurus spp.
JAX
Horse mackerel
Trisopterus esmarkii
NOP
Norway pout
Urophycis tenuis
HKW
White hake
Xiphias gladius
SWO
Swordfish
The following comparative table of common names and Latin names is provided exclusively for explanatory purposes:
Alfonsinos
ALF
Beryx spp.
American plaice
PLA
Hippoglossoides platessoides
Anchovy
ANE
Engraulis encrasicolus
Anglerfish
ANF
Lophiidae
Antarctic toothfish
TOA
Dissostichus mawsoni
Atlantic halibut
HAL
Hippoglossus hippoglossus
Bigeye tuna
BET
Thunnus obesus
Birdbeak dogfish
DCA
Deania calcea
Blackfin icefish
SSI
Chaenocephalus aceratus
Blonde ray
RJH
Raja brachyura
Blue ling
BLI
Molva dypterygia
Blue marlin
BUM
Makaira nigricans
Blue whiting
WHB
Micromesistius poutassou
Bluefin tuna
BFT
Thunnus thynnus
Boarfish
BOR
Caproidae
Brill
BLL
Scophthalmus rhombus
Capelin
CAP
Mallotus villosus
Cod
COD
Gadus morhua
Common dab
DAB
Limanda limanda
Common skate
RJB
Dipturus batis
Common sole
SOL
Solea solea
Crabs
PAI
Paralomis spp.
Cuckoo ray
RJN
Leucoraja naevus
Deep sea red crab
GER
Chaceon spp.
European flounder
FLE
Platichthys flesus
Flatfish
FLX
Pleuronectiformes
Giant manta ray
RMB
Manta birostris
Great lanternshark
ETR
Etmopterus princeps
Greater silver smelt
ARU
Argentina silus
Greenland halibut
GHL
Reinhardtius hippoglossoides
Grenadiers
GRV
Macrourus spp.
Grey rockcod
NOS
Lepidonotothen squamifrons
Haddock
HAD
Melanogrammus aeglefinus
Hake
HKE
Merluccius merluccius
Herring
HER
Clupea harengus
Horse mackerel
JAX
Trachurus spp.
Humped rockcod
NOG
Gobionotothen gibberifrons
Jack mackerel
CJM
Trachurus murphyi
Kitefin shark
SCK
Dalatias licha
Krill
KRI
Euphausia superba
Leafscale gulper shark
GUQ
Centrophorus squamosus
Lemon sole
LEM
Microstomus kitt
Ling
LIN
Molva molva
Mackerel
MAC
Scomber scombrus
Mackerel icefish
ANI
Champsocephalus gunnari
Marbled rockcod
NOR
Notothenia rossii
Megrims
LEZ
Lepidorhombus spp.
Northern prawn
PRA
Pandalus borealis
Norway lobster
NEP
Nephrops norvegicus
Norway pout
NOP
Trisopterus esmarkii
Norwegian skate
JAD
Raja (Dipturus) nidarosiensis
Orange roughy
ORY
Hoplostethus atlanticus
Patagonian toothfish
TOP
Dissostichus eleginoides
"Penaeus" shrimps
PEN
Penaeus spp.
Plaice
PLE
Pleuronectes platessa
Pollack
POL
Pollachius pollachius
Porbeagle
POR
Lamna nasus
Portuguese dogfish
CYO
Centroscymnus coelolepis
Redfish
RED
Sebastes spp.
Roundnose grenadier
RNG
Coryphaenoides rupestris
Saithe
POK
Pollachius virens
Sandeels
SAN
Ammodytes spp.
Sandy ray
RJI
Raja circularis
Shagreen ray
RJF
Raja fullonica
Shortfin squid
SQI
Illex illecebrosus
Skates and rays
SRX
Rajiformes
Small-eyed ray
RJE
Raja microocellata
Smooth lanternshark
ETP
Etmopterus pusillus
Snow crab
PCR
Chionoecetes spp.
Sole
SOO
Solea spp.
South Georgia icefish
SIG
Pseudochaenichthys georgianus
Southern bluefin tuna
SBF
Thunnus maccoyii
Spotted ray
RJM
Raja montagui
Sprat
SPR
Sprattus sprattus
Spurdog/dogfish
DGS
Squalus acanthias
Squid
SQS
Martialia hyadesi
Starry ray
RJR
Amblyraja radiata
Swordfish
SWO
Xiphias gladius
Thornback ray
RJC
Raja clavata
Tope shark
GAG
Galeorhinus galeus
Turbot
TUR
Psetta maxima
Tusk
USK
Brosme brosme
Undulate ray
RJU
Raja undulata
White hake
HKW
Urophycis tenuis
White marlin
WHM
Tetrapturus albidus
White skate
RJA
Raja alba
Whiting
WHG
Merlangius merlangus
Witch flounder
WIT
Glyptocephalus cynoglossus
Yellowtail flounder
YEL
Limanda ferruginea
ANNEX IIASupplementary provisions
ANNEX IIA
Fishing effort for vessels in the context of the management of certain cod, plaice and sole stocks in the Skagerrak, that part of ICES division IIIa not covered by the Skagerrak and the Kattegat, ICES subarea IV, EU waters of ICES division IIa and ICES division VIId
1. Scope
1.1.
This Annex shall apply to EU vessels carrying on board or deploying any of the gears specified in point 1 of Annex I to Regulation (EC) No 1342/2008 and present in any of the geographical areas specified in point 2 of that Annex.
1.2.
This Annex shall not apply to vessels of less than 10 metres’ length overall. Those vessels shall not be required to carry fishing authorisations issued in accordance with Article 7 of Regulation (EC) No 1224/2009. Member States concerned shall assess the fishing effort of those vessels by effort groups to which they belong, using appropriate sampling methods. During 2013, the Commission shall seek scientific advice for evaluating the effort deployment of those vessels, with a view to their future inclusion into the effort regime.
2. Regulated gears and geographical areas
For the purposes of this Annex, the gear groupings specified in point 1 of Annex I to Regulation (EC) No 1342/2008 ("regulated gear") and the groupings of geographical areas referred to in point 2(b) of that Annex shall apply.
3. Authorisations
If a Member State deems so appropriate in order to reinforce the sustainable implementation of this effort regime, it may introduce a prohibition to fish with a regulated gear in any of the geographical areas to which this Annex applies by any of vessels flying its flag which has no record of such fishing activity, unless it ensures that equivalent capacity, measured in kilowatts, is prevented from fishing in that area.
4. Maximum allowable fishing effort
4.1.
The maximum allowable effort referred to in Article 12(1) of Regulation (EC) No 1342/2008 and in Article 9(2) of Regulation (EC) No 676/2007 for the 2013 management period, from 1 February 2013 to 31 January 2014, for each of the effort groups of each Member State is set out in Appendix 1 to this Annex.
4.2.
The maximum levels of annual fishing effort set in accordance with Regulation (EC) No 1954/2003 ( 1 ) shall not affect the maximum allowable fishing effort set in this Annex.
5. Management
5.1.
Member States shall manage the maximum allowable effort in accordance with the conditions laid down in Article 9 of Regulation (EC) No 676/2007, Article 4 and Articles 13 to 17 of Regulation (EC) No 1342/2008 and Articles 26 to 35 of Regulation (EC) No 1224/2009.
5.2.
A Member State may establish management periods for allocating all or parts of the maximum allowable effort to individual vessels or groups of vessels. In such case, the number of days or hours for which a vessel may be present within the area during a management period shall be fixed at the discretion of the Member State concerned. During any such management periods, the Member State may reallocate effort between individual vessels or groups of vessels.
5.3.
If a Member State authorises vessels to be present within an area by hours, it shall continue measuring the consumption of days in accordance with the conditions referred to in point 5.1. Upon request by the Commission, the Member State shall demonstrate its precautionary measures taken to avoid an excessive consumption of effort within the area due to a vessel terminating presences in the area before the end of a 24-hour period.
6. Fishing effort report
Article 28 of Regulation (EC) No 1224/2009 shall apply to vessels falling under the scope of this Annex. The geographical area referred to in that Article shall be understood, for the purpose of cod management, as each of the geographical areas referred to in point 2 of this Annex.
7. Communication of relevant data
Member States shall transmit to the Commission the data on fishing effort deployed by their fishing vessels in accordance with Articles 33 and 34 of Regulation (EC) No 1224/2009. Those data shall be transmitted via the Fisheries Data Exchange System or any future data collection system implemented by the Commission.
( 1 ) Council Regulation (EC) No 1954/2003 of 4 November 2003 on the management of the fishing effort relating to certain Community fishing areas and resources ( OJ L 289, 7.11.2003, p. 1 ).
ANNEX IIBSupplementary provisions
ANNEX IIB
Fishing opportunities for vessels fishing for sandeel in ICES divisions IIa, IIIa AND ICES subarea IV
1.
The conditions laid down in this Annex shall apply to EU vessels fishing in EU waters of ICES divisions IIa, IIIa and ICES subarea IV with demersal trawl, seine or similar towed gears with a mesh size of less than 16 mm.
2.
The conditions laid down in this Annex shall apply to third-country vessels authorised to fish for sandeel in EU waters of ICES subarea IV unless otherwise specified, or as a consequence of consultations between the Union and Norway as set out in the Agreed Record of conclusions between the Union and Norway.
3.
For the purposes of this Annex, sandeel management areas shall be as shown below and in the Appendix to this Annex:
Sandeel management area
ICES statistical rectangles
1
31-34 E9-F2; 35 E9- F3; 36 E9-F4; 37 E9-F5; 38-40 F0-F5; 41 F5-F6
2
31-34 F3-F4; 35 F4-F6; 36 F5-F8; 37-40 F6-F8; 41 F7-F8
3
41 F1-F4; 42-43 F1-F9; 44 F1-G0; 45-46 F1-G1; 47 G0
4
38-40 E7-E9; 41-46 E6-F0
5
47-51 E6 + F0-F5; 52 E6-F5
6
41-43 G0-G3; 44 G1
7
47-51 E7-E9
4.
Commercial fishing with demersal trawl, seine or similar towed gears with a mesh size of less than 16 mm shall be prohibited from 1 January to 31 March 2013 and from 1 August to 31 December 2013.
ANNEX IIISupplementary provisions
ANNEX III
Maximum number of fishing authorisations for EU vessels fishing in third-country waters
Area of fishing
Fishery
Number of fishing authorisations
Allocation of fishing authorisations amongst Member States
Maximum number of vessels present at any time
Norwegian waters and fishery zone around Jan Mayen
Herring, north of 62° 00′ N
To be established
To be established
To be established
Demersal species, north of 62° 00′ N
To be established
To be established
To be established
Mackerel
Not relevant
Not relevant
To be established ( 1 )
Industrial species, south of 62° 00′ N
To be established
To be established
To be established
( 1 ) Without prejudice to additional licences granted to Sweden by Norway in accordance with established practice.
ANNEX IVSupplementary provisions
ANNEX IV
ICCAT CONVENTION AREA
( 1 )
1.
Maximum number of EU bait boats and trolling boats authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Eastern Atlantic
Spain
60
France
8
Union
68
2.
Maximum number of EU coastal artisanal fishing vessels authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Mediterranean
Spain
119
France
87
Italy
30
Cyprus
7
Malta
28
Union
316
3.
Maximum number of EU vessels authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Adriatic Sea for farming purposes
Italy
12
Union
12
4.
Maximum number and total capacity in gross tonnage of fishing vessels of each Member State that may be authorised to fish for, retain on board, tranship, transport, or land bluefin tuna in the eastern Atlantic and Mediterranean
Table A
Number of fishing vessels ( 2 )
Cyprus
Greece ( 3 )
Italy
France
Spain
Malta ( 4 )
Purse Seiners
1
1
12
17
6
1
Longliners
4 ( 5 )
0
30
8
12
20
Baitboat
0
0
0
8
60
0
Handline
0
0
0
29
2
0
Trawler
0
0
0
57
0
0
Other artisanal ( 6 )
0
16
0
87
32
0
Table B
Total capacity in gross tonnage
Cyprus
Greece
Italy
France
Spain
Malta
Purse Seiners
To be established
To be established
To be established
To be established
To be established
To be established
Longliners
To be established
To be established
To be established
To be established
To be established
To be established
Baitboats
To be established
To be established
To be established
To be established
To be established
To be established
Handlines
To be established
To be established
To be established
To be established
To be established
To be established
Trawlers
To be established
To be established
To be established
To be established
To be established
To be established
Other artisanal
To be established
To be established
To be established
To be established
To be established
To be established
5.
Maximum number of traps engaged in the eastern Atlantic and Mediterranean bluefin tuna fishery authorised by each Member State
Number of traps
Spain
5
Italy
6
Portugal
1 ( 7 )
6.
Maximum bluefin tuna farming capacity and fattening capacity for each Member State and maximum input of wild caught bluefin tuna that each Member State may allocate to its farms in the eastern Atlantic and Mediterranean
Table A
Maximum tuna farming capacity and fattening capacity
Number of farms
Capacity (in tonnes)
Spain
17
11 852
Italy
15
13 000
Greece
2
2 100
Cyprus
3
3 000
Malta
8
12 300
Table B
Maximum input of wild caught bluefin tuna (in tonnes)
Spain
5 855
Italy
3 764
Greece
785
Cyprus
2 195
Malta
8 768
( 1 ) The numbers shown in sections 1, 2 and 3 may decrease in order to comply with international obligations of the Union.
( 2 ) The numbers in this Table A of section 4 may be further increased, provided that the international obligations of the Union are complied with.
( 3 ) One medium size purse seiner may be replaced by no more than 10 longline vessels.
( 4 ) One medium size purse seiner may be replaced by no more than 10 longline vessels.
( 5 ) Polyvalent vessels, using multi-gear equipment.
( 6 ) Polyvalent vessels, using multi-gear equipment (longline, handline, trolling line).
( 7 ) This number may be further increased, provided that the international obligations of the Union are complied with.
Appendix to Annex V, Part B
ANNEX VSupplementary provisions
ANNEX V
CCAMLR CONVENTION AREA
PART A
PROHIBITION OF DIRECTED FISHING IN CCAMLR CONVENTION AREA
Target species
Zone
Period of prohibition
Sharks (all species)
Convention Area
From 1 January to 31 December 2013
Notothenia rossii
FAO 48.1. Antarctic, in the Peninsula Area
FAO 48.2. Antarctic, around the South Orkneys
FAO 48.3. Antarctic, around South Georgia
From 1 January to 31 December 2013
Finfish
FAO 48.1. Antarctic ( 1 ) FAO 48.2. Antarctic ( 1 )
From 1 January to 31 December 2013
Gobionotothen gibberifrons
Chaenocephalus aceratus
Pseudochaenichthys georgianus
Lepidonotothen squamifrons
Patagonotothen guntheri
Electrona carlsbergi
( 1 )
FAO 48.3.
From 1 January to 31 December 2013
Dissostichus spp.
FAO 48.5. Antarctic
From 1 December 2011 to 30 November 2013
Dissostichus spp.
FAO 88.3. Antarctic ( 1 )
FAO 58.5.1. Antarctic ( 1 )
( 2 )
FAO 58.5.2. Antarctic east of 79° 20′ E and outside the EEZ to the west of 79° 20′ E ( 1 )
FAO 58.4.4. Antarctic ( 1 )
( 2 )
FAO 58.6. Antarctic ( 1 )
FAO 58.7. Antarctic ( 1 )
From 1 January to 31 December 2013
Lepidonotothen squamifrons
FAO 58.4.4. ( 1 )
( 2 )
From 1 January to 31 December 2013
All species except Champsocephalus gunnari and Dissostichus eleginoides
FAO 58.5.2. Antarctic
From 1 December 2011 to 30 November 2013
Dissostichus mawsoni
FAO 48.4. Antarctic ( 1 ) within the area bounded by latitudes 55° 30′ S and 57° 20′ S and by longitudes 25° 30′ W and 29° 30′ W
From 1 January to 31 December 2013
PART B
TACs AND BY-CATCH LIMITS FOR EXPLORATORY FISHERIES IN THE CCAMLR CONVENTION AREA IN 2012/13
Subarea/Division
Region
Season
SSRU
Dissostichus spp. catch limit (in tonnes)
By-catch catch limit (in tonnes) ( 3 )
Skates and rays
Macrourus spp.
Other species
58.4.1.
Whole Division
1 December 2012 to 30 November 2013
SSRUs A, B, D, and F: 0
SSRU C: 84
SSRU E: 42
SSRU G: 42 ( 4 )
SSRU H: 42 ( 4 )
Total 210
All Division: 50
All Division: 33
All Division: 20
58.4.2.
Whole Division
1 December 2012 to 30 November 2013
SSRUs A, B, C and D: 0
SSRU E: 70
Total 70
All Division: 50
All Division: 20
All Division: 20
58.4.3a.
Whole Division
1 May to 31 August 2013
Total 32
All Division: 50
All Division: 26
All Division: 20
88.1.
Whole Subarea
1 December 2012 to 31 August 2013
SSRUs A, D, E, F and M: 0
SSRUs B, C and G: 428
SSRUs H, I and K: 2 423
SSRUs J and L: 382
Total 3 282
164
SSRUs A, D, E, F and M: 0
SSRU B, C and G: 50
SSRU H, I and K: 121
SSRU J and L: 50
430
SSRUs A, D, E, F and M: 0
SSRU B, C and G: 40
SSRU H, I and K: 320
SSRU J and L: 70
160
SSRUs A, D, E, F and M: 0
SSRU B, C and G: 60
SSRU H, I and K: 60
SSRU J and L: 40
88.2.
South of 65° S
1 December 2012 to 31 August 2013
SSRUs A, B and I: 0
SSRUs C, D, E, F and G: 124
SSRU H: 406
Total 530
50
SSRUs A, B and I: 0
SSRU C, D, E, F and G: 50
SSRU H: 50
84
SSRUs A, B and I: 0
SSRU C, D, E, F and G: 20
SSRU H: 64
120
SSRUs A, B andI: 0
SSRU C, D, E, F and G: 100
SSRU H: 20
Appendix to Annex V, Part B
LIST OF SMALL-SCALE RESEARCH UNITS (SSRUs)
Region
SSRU
Boundary line
48.6
A
From 50° S 20° W, due east to 1°30′ E, due south to 60° S, due west to 20° W, due north to 50° S.
B
From 60° S 20° W, due east to 10° W, due south to coast, westward along coast to 20° W, due north to 60° S.
C
From 60° S 10° W, due east to 0° longitude, due south to coast, westward along coast to 10° W, due north to 60° S.
D
From 60° S 0° longitude, due east to 10° E, due south to coast, westward along coast to 0° longitude, due north to 60° S.
E
From 60° S 10° E, due east to 20° E, due south to coast, westward along coast to 10° E, due north to 60° S.
F
From 60° S 20° E, due east to 30° E, due south to coast, westward along coast to 20° E, due north to 60° S.
G
From 50° S 1° 30′ E, due east to 30° E, due south to 60° S, due west to 1° 30′ E, due north to 50° S.
58.4.1
A
From 55° S 86° E, due east to 150° E, due south to 60° S, due west to 86° E, due north to 55° S.
B
From 60° S 86° E, due east to 90° E, due south to coast, westward along coast to 80° E, due north to 64° S, due east to 86° E, due north to 60° S.
C
From 60° S 90° E, due east to 100° E, due south to coast, westward along coast to 90° E, due north to 60° S.
D
From 60° S 100° E, due east to 110° E, due south to coast, westward along coast to 100° E, due north to 60° S.
E
From 60° S 110° E, due east to 120° E, due south to coast, westward along coast to 110° E, due north to 60° S.
F
From 60° S 120° E, due east to 130° E, due south to coast, westward along coast to 120° E, due north to 60° S.
G
From 60° S 130° E, due east to 140° E, due south to coast, westward along coast to 130° E, due north to 60° S.
H
From 60° S 140° E, due east to 150° E, due south to coast, westward along coast to 140° E, due north to 60° S.
58.4.2
A
From 62° S 30° E, due east to 40° E, due south to coast, westward along coast to 30° E, due north to 62° S.
B
From 62° S 40° E, due east to 50° E, due south to coast, westward along coast to 40° E, due north to 62° S.
C
From 62° S 50° E, due east to 60° E, due south to coast, westward along coast to 50° E, due north to 62° S.
D
From 62° S 60° E, due east to 70° E, due south to coast, westward along coast to 60° E, due north to 62° S.
E
From 62° S 70° E, due east to 73° 10′ E, due south to 64° S, due east to 80° E, due south to coast, westward along coast to 70° E, due north to 62° S.
58.4.3a
A
Whole division, from 56° S 60° E, due east to 73°10′ E, due south to 62° S, due west to 60° E, due north to 56° S.
58.4.3b
A
From 56° S 73° 10′ E, due east to 79° E, south to 59° S, due west to 73°10′ E, due north to 56° S.
B
From 60° S 73° 10′ E, due east to 86° E, south to 64° S, due west to 73°10′ E, due north to 60° S.
C
From 59° S 73° 10′ E, due east to 79° E, south to 60° S, due west to 73°10′ E, due north to 59° S.
D
From 59° S 79° E, due east to 86° E, south to 60° S, due west to 79° E, due north to 59° S.
E
From 56° S 79° E, due east to 80° E, due north to 55° S, due east to 86° E, south to 59° S, due west to 79° E, due north to 56°S.
58.4.4
A
From 51° S 40° E, due east to 42° E, due south to 54° S, due west to 40° E, due north to 51° S.
B
From 51° S 42° E, due east to 46° E, due south to 54° S, due west to 42° E, due north to 51° S.
C
From 51° S 46° E, due east to 50° E, due south to 54° S, due west to 46° E, due north to 51° S.
D
Whole division excluding SSRUs A, B, C, and with outer boundary from 50° S 30° E, due east to 60° E, due south to 62° S, due west to 30° E, due north to 50° S.
58.6
A
From 45° S 40° E, due east to 44° E, due south to 48° S, due west to 40° E, due north to 45° S.
B
From 45° S 44° E, due east to 48° E, due south to 48° S, due west to 44° E, due north to 45° S.
C
From 45° S 48° E, due east to 51° E, due south to 48° S, due west to 48° E, due north to 45° S.
D
From 45° S 51° E, due east to 54° E, due south to 48° S, due west to 51° E, due north to 45° S.
58.7
A
From 45° S 37° E, due east to 40° E, due south to 48° S, due west to 37° E, due north to 45° S.
88.1
A
From 60° S 150° E, due east to 170° E, due south to 65° S, due west to 150° E, due north to 60° S.
B
From 60° S 170° E, due east to 179° E, due south to 66°40′ S, due west to 170° E, due north to 60° S.
C
From 60° S 179° E, due east to 170° W, due south to 70° S, due west to 178° W, due north to 66° 40′ S, due west to 179° E, due north to 60° S.
D
From 65° S 150° E, due east to 160° E, due south to coast, westward along coast to 150° E, due north to 65° S.
E
From 65° S 160° E, due east to 170° E, due south to 68° 30′ S, due west to 160° E, due north to 65° S.
F
From 68° 30′ S 160° E, due east to 170° E, due south to coast, westward along coast to 160° E, due north to 68° 30′ S.
G
From 66° 40′ S 170° E, due east to 178° W, due south to 70° S, due west to 178° 50′ E, due south to 70° 50′ S, due west to 170° E, due north to 66°40′ S.
H
From 70° 50′ S 170° E, due east to 178° 50′ E, due south to 73° S, due west to coast, northward along coast to 170° E, due north to 70° 50′ S.
I
From 70° S 178° 50′ E, due east to 170° W, due south to 73° S, due west to 178° 50′ E, due north to 70° S.
J
From 73° S at coast near 170° E, due east to 178° 50′ E, due south to 80° S, due west to 170° E, northward along coast to 73° S.
K
From 73° S 178° 50′ E, due east to 170° W, due south to 76° S, due west to 178° 50′ E, due north to 73° S.
L
From 76° S 178° 50′ E, due east to 170° W, due south to 80° S, due west to 178° 50′ E, due north to 76° S.
M
From 73° S at coast near 169° 30′ E, due east to 170° E, due south to 80° S, due west to coast, northward along coast to 73° S.
88.2
A
From 60° S 170° W, due east to 160° W, due south to coast, westward along coast to 170° W, due north to 60° S.
B
From 60° S 160° W, due east to 150° W, due south to coast, westward along coast to 160° W, due north to 60° S.
C
From 70° 50′ S 150° W, due east to 140° W, due south to coast, westward along coast to 150° W, due north to 70° 50′ S.
D
From 70° 50′ S 140° W, due east to 130° W, due south to coast, westward along coast to 140° W, due north to 70° 50′ S.
E
From 70° 50′ S 130° W, due east to 120° W, due south to coast, westward along coast to 130° W, due north to 70° 50′ S.
F
From 70° 50′ S 120° W, due east to 110° W, due south to coast, westward along coast to 120° W, due north to 70° 50′ S.
G
From 70°50′ S 110° W, due east to 105° W, due south to coast, westward along coast to 110° W, due north to 70° 50′ S.
H
From 65° S 150° W, due east to 105° W, due south to 70° 50′ S, due west to 150° W, due north to 65° S.
I
From 60° S 150° W, due east to 105° W, due south to 65° S, due west to 150°W, due north to 60° S.
88.3
A
From 60° S 105° W, due east to 95° W, due south to coast, westward along coast to 105° W, due north to 60° S.
B
From 60° S 95° W, due east to 85° W, due south to coast, westward along coast to 95° W, due north to 60° S.
C
From 60° S 85° W, due east to 75° W, due south to coast, westward along coast to 85° W, due north to 60° S.
D
From 60° S 75° W, due east to 70° W, due south to coast, westward along coast to 75° W, due north to 60° S.
PART C
NOTIFICATION OF INTENT TO PARTICIPATE IN A FISHERY FOR EUPHAUSIA SUPERBA
Contracting Party:
Fishing season:
Name of vessel:
Expected level of catch (in tonnes):
Fishing technique:
Conventional trawl
Continuous fishing system
Pumping to clear codend
Other approved methods: Please specify
Methods used for direct estimate of green weight of krill caught ( 5 ) :
Products to be derived from the catch and their conversion factors ( 6 ) :
Product type
% of catch
Conversion factor ( 7 )
Dec
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Subarea/Division
48.1
48.2
48.3
48.4
48.5
48.6
58.4.1
58.4.2
88.1
88.2
88.3
X
Tick boxes where and when you are most likely to operate
Precautionary catch limits not set, therefore considered as exploratory fisheries
Note that the details you provide here are for information only and do not preclude you from operating in areas or times which you did not specify.
PART D
NET CONFIGURATION AND USE OF FISHING TECHNIQUES
Net opening (mouth) circumference (m)
Vertical opening (m)
Horizontal opening (m)
Net panel length and mesh size
Panel
Length (m)
Mesh size (mm)
1st panel
2nd panel
3rd panel
…
Final panel (Codend)
Provide diagram of each net configuration used
Use of multiple fishing technique ( 8 ) : Yes No
Fishing technique
Expected proportion of time to be used (%)
1
2
3
4
5
…
Total 100 %
Presence of marine mammal exclusion device ( 9 ) : Yes No
Provide explanation of fishing techniques, gear configuration and characteristics and fishing patterns:
( 1 ) Except for scientific research purposes.
( 2 ) Excluding waters subject to national jurisdiction (EEZs).
( 3 ) Rules for catch limits for by-catch species per SSRU, applicable within total by-catch limits per Subarea:
—
skates and rays: 5 % of the catch limit for Dissostichus spp. or 50 tonnes, whichever is greater;
—
Macrourus spp.: 16 % of the catch limit for Dissostichus spp. or 20 tonnes, whichever is greater, except in Statistical Division 58.4.3a and Statistical Subarea 88.1;
—
other species: 20 tonnes per SSRU.
( 4 ) Catch limit to permit Spain to undertake a depletion experiment in 2012/2013.
( 5 ) As of the 2013/14 fishing season, using the table provided in the C1 form as a guideline, the notification shall include a description of the exact detailed method of estimation of the green weight of krill caught, including information and, where possible, data to estimate the uncertainty associated with green weight reported by vessels or to understand the underlying variability in the constants used for making these estimations, and, if conversion factors are applied, the exact detailed method of how each conversion factor was derived. Members are not required to re-submit such a description in the following seasons, unless changes in the method of green weight estimation occur.
( 6 ) Information to be provided to the extent possible.
( 7 ) Conversion factor = whole weight/processed weight.
( 8 ) If yes, frequency of switch between fishing techniques:
( 9 ) If yes, provide design of the device:
ANNEX VISupplementary provisions
ANNEX VI
IOTC CONVENTION AREA
1.
Maximum number of EU vessels authorised to fish for tropical tunas in the IOTC Convention Area
Member State
Maximum number of vessels
Capacity (gross tonnage)
Spain
22
61 364
France
22
33 604
Portugal
5
1 627
Union
49
96 595
2.
Maximum number of EU vessels authorised to fish for swordfish and albacore in the IOTC Convention Area
Member State
Maximum number of vessels
Capacity (gross tonnage)
Spain
27
11 590
France
41
5 382
Portugal
15
6 925
United Kingdom
4
1 400
Union
72
21 922
3.
The vessels referred to in point 1 shall also be authorised to fish for swordfish and albacore in the IOTC Convention Area.
4.
The vessels referred to in point 2 shall also be authorised to fish for tropical tunas in the IOTC Convention Area.
ANNEX VIISupplementary provisions
ANNEX VII
WCPFC CONVENTION AREA
Maximum number of EU vessels authorised to fish for swordfish in areas south of 20° S of the WCPFC Convention Area
Spain
14
Union
14
ANNEX VIIISupplementary provisions
ANNEX VIII
QUANTITATIVE LIMITATIONS OF FISHING AUTHORISATIONS FOR THIRD-COUNTRY VESSELS FISHING IN EU WATERS
Flag State
Fishery
Number of fishing authorisations
Maximum number of vessels present at any time
Norway
Herring, north of 62° 00′ N
To be established
To be established
Venezuela ( 1 )
Snappers (French Guiana waters)
45
45
( 1 ) To issue those fishing authorisations, proof must be produced that a valid contract exists between the ship owner applying for the fishing authorisation and a processing undertaking situated in the Department of French Guiana, and that it includes an obligation to land at least 75 % of all snapper catches from the vessel concerned in that department so that they may be processed in that undertaking's plant. Such a contract must be endorsed by the French authorities, which shall ensure that it is consistent both with the actual capacity of the contracting processing undertaking and with the objectives for the development of the Guianese economy. A copy of the duly endorsed contract shall be appended to the fishing authorisation application. Where such an endorsement is refused, the French authorities shall give notification of this refusal and state their reasons for it to the party concerned and to the Commission.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
