Council Regulation (EU) 2015/104 of 19 January 2015 fixing for 2015 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union vessels, in certain non-Union waters, amending Regulation (EU) No 43/2014 and repealing Regulation (EU) No 779/2014

• CELEX: Regulation (EU) 2015/104
• Articles: 59

Article 1 Subject matter

1.   This Regulation fixes the fishing opportunities available in Union waters and, to Union vessels, in certain non-Union waters for certain fish stocks and groups of fish stocks.

2.   The fishing opportunities referred to in paragraph 1 include:

(a)

catch limits for the year 2015 and, where specified in this Regulation, for the year 2016;

(b)

fishing effort limits for the period from 1 February 2015 to 31 January 2016, except where other periods are established for effort limits in Articles 9, 29 and 31;

(c)

fishing opportunities for the period from 1 December 2014 to 30 November 2015 for certain stocks in the CCAMLR Convention Area;

(d)

fishing opportunities for certain stocks in the IATTC Convention Area set out in Article 32 for the periods in 2015 and 2016 specified in that provision.

Article 2 Scope

This Regulation shall apply to the following vessels:

(a)

Union vessels;

(b)

third-country vessels in Union waters.

Article 3 Definitions

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

(a)

‘Union vessel’ means a Union fishing vessel as defined in Article 4(1)(5) of Regulation (EU) No 1380/2013;

(b)

‘third-country vessel’ means a fishing vessel as defined in Article 4(1)(4) of Regulation (EU) No 1380/2013, flying the flag of, and registered in, a third country;

(c)

‘Union waters’ means the Union waters as defined in Article 4(1)(1) of Regulation (EU) No 1380/2013;

(d)

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

(e)

‘stock’ means the stock as defined in Article 4(1)(14) of Regulation (EU) No 1380/2013;

(f)

‘total allowable catch’ (TAC) means:

(i)

in fisheries subject to the landing obligation referred to in Article 15 of Regulation (EU) No 1380/2013, the quantity that can be caught from each stock each year;

(ii)

in all other fisheries, the quantity that can be landed from each stock each year;

(g)

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

(h)

‘analytical assessment’ means a quantitative evaluation of trends in a given stock, based on data about the stock's biology and exploitation, which scientific review has indicated to be of sufficient quality to provide scientific advice on options for future catches;

(i)

‘precautionary approach to fisheries management’, means the precautionary approach to fisheries management as defined in Article 4(1)(8) of Regulation (EU) No 1380/2013;

(j)

‘mesh size’ means the mesh size of fishing nets as determined in accordance with Commission Regulation (EC) No 517/2008  ( 21 ) ;

(k)

‘Union fishing fleet register’ means the register set up by the Commission in accordance with Article 24(3) of Regulation (EU) No 1380/2013;

(l)

‘fishing logbook’ means the logbook referred to in Article 14 of Regulation (EC) No 1224/2009.

Article 4 Fishing zones

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

(a)

ICES (International Council for the Exploration of the Sea) zones are the geographical areas specified in Annex III to Regulation (EC) No 218/2009  ( 22 ) ;

(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)

‘Functional Unit 16 of ICES subarea VII’ means the geographical area bounded by rhumb lines sequentially joining the following positions:

—

53° 30′ N 15° 00′ W,

—

53° 30′ N 11° 00′ W,

—

51° 30′ N 11° 00′ W,

—

51° 30′ N 13° 00′ W,

—

51° 00′ N 13° 00′ W,

—

51° 00′ N 15° 00′ W,

—

53° 30′ N 15° 00′ W.

(e)

‘Functional Unit 26 of ICES division IXa’ means the geographical area bounded by rhumb lines sequentially joining the following positions:

—

43° 00′ N 8° 00′ W,

—

43° 00′ N 10° 00′ W,

—

42° 00′ N 10° 00′ W,

—

42° 00′ N 8° 00′ W;

(f)

‘Functional Unit 27 of ICES division IXa’ means the geographical area bounded by rhumb lines sequentially joining the following positions:

—

42° 00′ N 8° 00′ W,

—

42° 00′ N 10° 00′ W,

—

38° 30′ N 10° 00′ W,

—

38° 30′ N 9° 00′ W,

—

40° 00′ N 9° 00′ W,

—

40° 00′ N 8° 00′ W;

(g)

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

(h)

CECAF (Committee for Eastern Central Atlantic Fisheries) areas are the geographical areas specified in Annex II to Regulation (EC) No 216/2009 of the European Parliament and of the Council  ( 23 ) ;

(i)

NAFO (Northwest Atlantic Fisheries Organisation) areas are the geographical areas specified in Annex III to Regulation (EC) No 217/2009 of the European Parliament and of the Council  ( 24 ) ;

(j)

‘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  ( 25 ) ;

(k)

‘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  ( 26 ) ;

(l)

‘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  ( 27 ) ;

(m)

‘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 (‘the Antigua Convention’)  ( 28 ) ;

(n)

‘IOTC (Indian Ocean Tuna Commission) Convention Area’ is the geographical area defined in the Agreement for the establishment of the Indian Ocean Tuna Commission  ( 29 ) ;

(o)

‘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  ( 30 ) , and west of the areas of fisheries jurisdictions of South American States;

(p)

‘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  ( 31 ) ;

(q)

‘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;

(r)

‘overlap area between IATTC and WCPFC’ is the geographical area defined by the following limits:

—

longitude 150° W,

—

longitude 130° W,

—

latitude 4° S,

—

latitude 50° S.

Article 5 TACs and allocations

1.   The TACs for Union 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 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 19 of and Annex III to this Regulation and in Regulation (EC) No 1006/2008  ( 32 ) and its implementing provisions.

3.   For the purposes of the special condition laid down in Annex IA for the stock of sandeel in Union waters of ICES zones IIa, IIIa and IV, the management areas defined in Annex IID shall apply.

Article 6 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 2015 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 2015, 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 Conditions for landing catches and by-catches

1.   Fish from stocks for which TACs are established that have been caught in the fisheries specified in Article 15(1)(a) of Regulation (EU) No 1380/2013 are subject to the landing obligation as established in Article 15 of that Regulation (‘the landing obligation’).

2.   Fish from other 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 Union quota which has not been allocated by quota among Member States, and that Union quota has not been exhausted.

3.   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 for the purposes of the derogation from the obligation to count catches against the relevant quotas provided for in that Article.

Article 8 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 Catch and effort limits for deep-sea fisheries

1.   Article 3(1) of Regulation (EC) No 2347/2002  ( 33 ) 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 2015 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, are caught.

Article 10 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 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 (EU) No 1380/2013;

(e)

quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96 and Article 15(9) of Regulation (EU) No 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 19 of this Regulation;

(h)

additional allocations pursuant to Article 14 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. 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 11 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 2015: cod, megrims, anglerfish, haddock, whiting, hake, Norway lobster, plaice, pollack, saithe, skates and rays, common sole, tusk, blue ling, ling and spurdog.

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 2015 and from 1 August to 31 December 2015.

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.

Article 12 Prohibitions

1.   It shall be prohibited for Union 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)

the following species of sawfish 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 );

(c)

basking shark ( Cetorhinus maximus ) and white shark ( Carcharodon carcharias ) in all waters;

(d)

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;

(e)

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;

(f)

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;

(g)

kitefin shark ( Dalatias licha ), birdbeak dogfish ( Deania calcea ), leafscale gulper shark ( Centrophorus squamosus ), great lanternshark ( Etmopterus princeps ) and 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;

(h)

porbeagle ( Lamna nasus ) in all waters;

(i)

reef manta ray ( Manta alfredi ) in all waters;

(j)

giant manta ray ( Manta birostris ) in all waters;

(k)

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 );

(l)

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

(m)

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

(n)

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

(o)

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

(p)

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 13 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.

Article 14 Additional allocations

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.

Article 15 Conditions for additional allocations

1.   The additional allocation referred to in Article 14 shall comply with the following conditions:

(a)

Member States shall ensure detailed and accurate documentation of all fishing trips and adequate capacity and means, such as observers, closed-circuit television (CCTV) and others. In doing so, Member States shall respect the principle of efficiency and proportionality;

(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 Council Regulation (EC) No 850/98  ( 34 ) , shall be counted against the individual allocation of the vessel, as resulting from any additional allocation granted under Article 14 of this Regulation;

(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, Member States may allow transfers of the individual allocation or any part thereof from vessels not participating in trials on fully documented fisheries to vessels participating in those trials provided that it can be demonstrated that discards by the non-participating vessels do not increase.

2.   Notwithstanding paragraph 1(b)(i), 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 monitoring means used in accordance with Article 15(1)(a);

(c)

an overall limit of 75 % of the estimated stock discards produced by all vessels participating in the trials is not exceeded.

3.   Prior to granting the additional allocation referred to in Article 14, a Member State shall submit the following information to the Commission:

(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 2014 by the vessels participating in the trials.

Article 16 Processing of personal data

To the extent that the recordings obtained in accordance with Article 15(1)(a) of this Regulation involve the processing of personal data within the meaning of Directive 95/46/EC, that Directive shall apply to the processing of such data.

Article 17 Withdrawal of additional allocations

Where a Member State detects that a vessel participating in trials on fully documented fisheries fails to comply with the conditions set out in Article 15, 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 2015.

Article 18 Scientific review of discard assessments

The Commission may request any Member State that avails itself of this Chapter 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 Article 15(1)(b)(i). 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 shall inform the Commission thereof.

Article 19 Fishing authorisations

1.   The maximum number of fishing authorisations for Union 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 of this Regulation on the basis of Article 16(8) of Regulation (EU) No 1380/2013, 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 that Annex, shall not be exceeded.

Article 20 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 relevant 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 relevant 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 relevant 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 relevant 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.

Article 21 Fishing, farming and fattening capacity limitations for bluefin tuna

1.   The number of Union 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 Union 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 Union 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.

Article 22 Recreational and sport fisheries

Where appropriate, Member States shall allocate a specific quota for recreational and sport fisheries from their quotas allocated in Annex ID.

Article 23 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 Alopias genus.

3.   Retaining on board, transhipping or landing any part or whole carcass of hammerhead sharks of the Sphyrnidae family (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.

Article 24 Prohibitions and catch limitations

1.   Direct fishing of the species set out in Part A of Annex V, 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 Part B of Annex V, shall apply in the subareas set out therein.

Article 25 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 2015. 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 2015.

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 Part B of Annex V. 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.

Article 26 Krill fishery during the 2015/2016 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 2015/2016 fishing season. If such a Member State intends to fish for krill in the CCAMLR Convention Area, it shall notify the Commission, no later than 1 May 2015 and using the format laid down in Part C of Annex V to this Regulation, of its intention to fish for krill. On the basis of the information provided by Member States, the Commission shall submit the notifications to the CCAMLR Secretariat no later than 30 May 2015.

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 any CCAMLR illegal, unreported and unregulated (IUU) Vessel List to participate in krill fisheries.

Article 27 Limitation of fishing capacity of vessels fishing in the IOTC Convention Area

1.   The maximum number of Union 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 Union 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.

Article 28 Sharks

1.   Retaining on board, transhipping or landing any part or whole carcass of thresher sharks of all the species of the Alopiidae family in any fishery shall be prohibited.

2.   Retaining on board, transshipping or landing any part or whole carcass of oceanic whitetip sharks ( Carcharhinus longimanus ) in any fishery shall be prohibited, except for vessels under 24 metres overall length engaged solely in fishing operations within the Exclusive Economic Zone (EEZ) of the Member State whose flag they fly, and provided that their catch is destined solely for local consumption.

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

Article 29 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 2015 to the total Union level of 78 600 gross tonnage in that area.

Article 30 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 29, may fish for pelagic stocks in that area in accordance with the TACs set out in Annex IJ.

2.   The fishing opportunities set out in Annex IJ may only be fished under the condition that Member States send the list of vessels actively fishing or engaged in transhipment in the SPRFMO Convention Area, records from vessel monitoring systems (VMS), monthly catch reports and, where available, port calls at the latest by the fifth day of the following month to the Commission, in order to communicate them to the SPRFMO Secretariat.

Article 31 Bottom fisheries

Member States with a track record in bottom fishing catch or effort in the SPRFMO Convention Area over the period from 1 January 2002 to 31 December 2006 shall limit their bottom fishing catch or effort in 2015 in the Convention Area to those parts of the Convention Area where bottom fishing has occurred in that period and to a level that does not exceed the annual average levels of catches or effort parameters over the period from 1 January 2002 to 31 December 2006.

Article 32 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 2015 or from 18 November 2015 to 18 January 2016 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 2015 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 2015. 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.

Article 33 Prohibition of fishing for oceanic whitetip sharks

1.   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.

2.   When accidentally caught, the species referred to in paragraph 1 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 the information collected during the previous year to the Commission by 31 January 2015.

Article 34 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 the Selachimorpha super-order.

Article 35 Conditions for bigeye tuna, yellowfin tuna, skipjack tuna and south Pacific albacore fisheries

1.   Member States shall ensure that the number of fishing days allocated to purse-seine vessels fishing for bigeye tuna ( Thunnus obesus ), yellowfin tuna ( Thunnus albacares ) and skipjack tuna ( Katsuwonus pelamis ) in the part of the WCPFC Convention Area in the high seas and located between 20° N and 20° S does not exceed 403 days. In these fisheries, it shall be prohibited to set a purse seine on a school of tuna associated with a whale shark ( Rhincodon typus ) if the animal is sighted prior to the commencement of the set.

2.   Union vessels shall not target south Pacific albacore ( Thunnus alalunga ) in the WCPFC Convention Area south of 20° S.

3.   Member States shall ensure that catches of bigeye tuna ( Thunnus obesus ) by longliners do not exceed 2,000 tonnes in 2015.

Article 36 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 2015 and 24:00 hours of 31 October 2015. 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 the vessel does not, at any time:

(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.

Article 37 Overlap area between IATTC and WCPFC

1.   Vessels listed exclusively in the WCPFC register shall apply the measures set out in Articles 35 to 38 when fishing in the overlap area between IATTC and WCPFC as defined in Article 4(r).

2.   Vessels listed in both the WCPFC register and the IATTC register and vessels listed exclusively in the IATTC register shall apply the measures set out in Article 32(1)(a) and (2) to (4) and Article 33 when fishing in the overlap area between IATTC and WCPFC as defined in Article 4(r).

Article 38 Limitations to the number of Union vessels authorised to fish swordfish

The maximum number of Union 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.

Article 39 Silky sharks and oceanic whitetip sharks

1.   Retaining on board, transhipping, storing or landing any part or whole carcass of the following species in the WCPFC Convention Area shall be prohibited:

(a)

silky sharks ( Carcharhinus falciformis ),

(b)

oceanic whitetip sharks ( Carcharhinus longimanus )

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

Article 40 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.

Article 41 TACs

Fishing vessels flying the flag of Norway and fishing vessels registered in the Faroe Islands shall be authorised to make catches in Union 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.

Article 42 Fishing authorisations

The maximum number of fishing authorisations for third-country vessels fishing in Union waters is laid down in Annex VIII.

Article 43 Conditions for landing catches and by-catches

The conditions specified in Article 7 shall apply to catches and by-catches of third-country vessels fishing under the authorisations specified in Article 42.

Article 44 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 whenever they are found in Union waters:

(a)

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

(b)

the following species of sawfish in Union 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 );

(c)

basking shark ( Cetorhinus maximus ) and white shark ( Carcharodon carcharias ) in Union waters;

(d)

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;

(e)

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

(f)

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

(g)

kitefin shark ( Dalatias licha ), birdbeak dogfish ( Deania calcea ), leafscale gulper shark ( Centrophorus squamosus ), great lanternshark ( Etmopterus princeps ) and Portuguese dogfish ( Centroscymnus coelolepis ) in Union waters of ICES division IIa and ICES subareas I, IV and XIV;

(h)

porbeagle ( Lamna nasus ) in Union waters;

(i)

reef manta ray ( Manta alfredi ) in Union waters;

(j)

giant manta ray ( Manta birostris ) in Union waters;

(k)

the following species of Mobula rays in Union 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 );

(l)

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

(m)

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

(n)

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

(o)

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

(p)

angel shark ( Squatina squatina ) in Union waters.

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

Article 45 Committee procedure

1.   The Commission shall be assisted by the Committee for Fisheries and Aquaculture established by Regulation (EU) No 1380/2013. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Article 46 Amendment to Regulation (EU) No 43/2014

In paragraph 1 of Article 18a of Regulation (EU) No 43/2014 the following point is added:

‘(o)

Northern prawn in area IIIa.’

Article 47 Repeal

Council Regulation (EU) No 779/2014 is repealed with effect from 1 January 2015.

Article 48 Entry into force

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 2015.

However, Article 8 shall apply from 1 February 2015.

Points (b), (i) and (k) of Article 12 and points (b), (i) and (k) of Article 44 shall apply from 8 February 2015.

Article 46 shall apply from 1 January 2014.

The provisions on fishing opportunities set out in Articles 23, 24 and 25 and Annexes IE and V for the CCAMLR Convention Area shall apply from the dates specified therein.

Schedules & Appendices

ANNEX I

ANNEX I

TACs APPLICABLE TO UNION VESSELS IN AREAS WHERE TACs EXIST BY SPECIES AND BY AREA

The tables in Annexes IA, IB, IC, ID, IE, IF, IG, 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. Only Latin names identify species for regulatory purposes; vernacular names are provided for ease of reference.

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

Mackerel icefish

Channichthys rhinoceratus

LIC

Unicorn icefish

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 ( Dipturus cf. flossada and Dipturus cf. intermedia )

RJB

Common skate complex

Dissostichus eleginoides

TOP

Patagonian toothfish

Dissostichus mawsoni

TOA

Antarctic toothfish

Dissostichus spp.

TOT

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

SGI

South Georgia icefish

Pseudopentaceros spp.

EDW

Pelagic armourhead

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 complex

RJB

Dipturus batis (Dipturus cf. flossada and Dipturus cf. intermedia)

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

Pelagic armourhead

EDW

Pseudopentaceros spp.

‘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

SGI

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

Toothfish

TOT

Dissostichus spp.

Tope shark

GAG

Galeorhinus galeus

Turbot

TUR

Psetta maxima

Tusk

USK

Brosme brosme

Undulate ray

RJU

Raja undulata

Unicorn icefish

LIC

Channichthys rhinoceratus

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 IIA

ANNEX IIA

FISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE MANAGEMENT OF CERTAIN COD, PLAICE AND SOLE STOCKS IN ICES DIVISIONS IIIa, VIa, VIIa, VIId, ICES SUBAREA IV AND UNION WATERS OF ICES DIVISIONS IIa AND Vb

1.    Scope

1.1.

This Annex shall apply to Union vessels carrying on board or deploying any of the gears referred to 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 this 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 the management period specified in Article 8 of this Regulation 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 referred to 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 of that Annex shall apply.

3.    Authorisations

If a Member State deems it appropriate in order to reinforce the sustainable implementation of this effort regime, it may introduce a prohibition to fish with 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 management period specified in Article 8 of this Regulation, 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 Council 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 concerned may reallocate effort between individual vessels or groups of vessels.

5.3.

If a Member State authorises vessels flying its flag 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 concerned 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. These 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 and modifying Regulation (EC) No 2847/93 and repealing Regulations (EC) No 685/95 and (EC) No 2027/95 ( OJ L 289, 7.11.2003, p. 1 ).