Council Regulation (EU) 2017/1970 of 27 October 2017 fixing for 2018 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea and amending Regulation (EU) 2017/127

• CELEX: Regulation (EU) 2017/1970
• Articles: 12

Article 1 Subject matter

This Regulation fixes the fishing opportunities for certain fish stocks and groups of fish stocks in the Baltic Sea for 2018.

Article 2 Scope

1.   This Regulation shall apply to Union fishing vessels operating in the Baltic Sea.

2.   This Regulation shall also apply to recreational fisheries where they are expressly referred to in the relevant provisions.

Article 3 Definitions

For the purposes of this Regulation, the definitions referred to in Article 4 of Regulation (EU) No 1380/2013 apply. In addition, the following definitions apply:

(1)

‘subdivision’ means an ICES subdivision of the Baltic Sea as defined in Annex I to Council Regulation (EC) No 2187/2005  ( 6 ) ;

(2)

‘total allowable catch’ (TAC) means the quantity of each stock that can be caught over the period of a year;

(3)

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

(4)

‘recreational fisheries’ means non-commercial fishing activities exploiting marine biological resources such as for recreation, tourism or sport.

Article 4 TACs and allocations

The TACs, the quotas and the conditions functionally linked thereto, where appropriate, are set out in the Annex.

Article 5 Special provisions on allocations of fishing opportunities

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)

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

(d)

quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96 or transferred under Article 15(9) of Regulation (EU) No 1380/2013;

(e)

deductions made pursuant to Articles 105 and 107 of Regulation (EC) No 1224/2009.

Article 6 Conditions for landing of catches and by-catches

1.   Catches of species which are subject to catch limits and which have been caught in fisheries specified in Article 15(1) of Regulation (EU) No 1380/2013 are subject to the landing obligation, as established in that Article.

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

Article 7 Measures on recreational fisheries for cod in subdivisions 22-24

1.   In recreational fisheries, no more than five specimens of cod may be retained per fisherman per day in subdivisions 22-24.

2.   By way of derogation from paragraph 1, no more than three specimens of cod may be retained per fisherman per day in subdivisions 22-24 in the period from 1 February 2018 to 31 March 2018.

3.   Paragraphs 1 and 2 are without prejudice to more stringent national measures.

Article 8 Data transmission

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

Article 9 Flexibility

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

2.   Article 3(2) and (3) and Article 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 10 Amendment to Regulation (EU) 2017/127

In Annex IA to Regulation (EU) 2017/127, the fishing opportunities table for Norway pout and associated by-catches in 3a, and Union waters of 2a and 4 is replaced by the following:

‘Species:

Norway pout and associated by-catches

Trisopterus esmarkii

Zone:

3a; Union waters of 2a and 4

(NOP/2A3A4.)

Year

2017

2018

Denmark

141 819  ( 7 )

( 9 )

54 949  ( 7 )

( 12 )

Germany

27  ( 7 )

( 8 )

( 9 )

11  ( 7 )

( 8 )

( 12 )

The Netherlands

104  ( 7 )

( 8 )

( 9 )

40  ( 7 )

( 8 )

( 12 )

Union

141 950  ( 7 )

( 9 )

55 000  ( 7 )

( 12 )

Norway

25 000  ( 10 )

Faroe Islands

9 300  ( 11 )

TAC

238 981

Not relevant

Analytical TAC

Article 3 of Regulation (EC) No 847/96 shall not apply.

Article 4 of Regulation (EC) No 847/96 shall not apply.

Article 11 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 2018, with the exception of Article 10 which shall apply from 1 November 2017.

Schedules & Appendices

ANNEX

ANNEX

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

The following tables set out the TACs and quotas (in tonnes live weight, except where otherwise specified) by stock, and conditions functionally linked thereto.

The references to fishing zones are references to ICES zones, unless otherwise specified.

The fish stocks are referred to using 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

Clupea harengus

HER

Herring

Gadus morhua

COD

Cod

Pleuronectes platessa

PLE

Plaice

Salmo salar

SAL

Atlantic salmon

Sprattus sprattus

SPR

Sprat

Species:

Herring

Clupea harengus

Zone:

Subdivisions 30-31

(HER/30/31.)

Finland

69 359

Sweden

15 240

Union

84 599

TAC

84 599

Analytical TAC

Species:

Herring

Clupea harengus

Zone:

Subdivisions 22-24

(HER/3BC+24)

Denmark

2 426

Germany

9 551

Finland

1

Poland

2 252

Sweden

3 079

Union

17 309

TAC

17 309

Analytical TAC

Article 3(2) and (3) of Regulation (EC) No 847/96 shall not apply.

Article 4 of Regulation (EC) No 847/96 shall not apply.

Species:

Herring

Clupea harengus

Zone:

Union waters of Subdivisions 25-27, 28.2, 29 and 32

(HER/3D-R30)

Denmark

5 045

Germany

1 338

Estonia

25 767

Finland

50 297

Latvia

6 359

Lithuania

6 696

Poland

57 142

Sweden

76 711

Union

229 355

TAC

Not relevant

Analytical TAC

Article 6(2) of this Regulation shall apply.

Species:

Herring

Clupea harengus

Zone:

Subdivision 28.1

(HER/03D.RG)

Estonia

13 392

Latvia

15 607

Union

28 999

TAC

28 999

Analytical TAC

Article 6(2) of this Regulation shall apply.

Species

Cod

Gadus morhua

Zone:

Union waters of Subdivisions 25-32

(COD/3DX32.)

Denmark

6 521  ( 1 )

Germany

2 594  ( 1 )

Estonia

635  ( 1 )

Finland

499  ( 1 )

Latvia

2 425  ( 1 )

Lithuania

1 597  ( 1 )

Poland

7 510  ( 1 )

Sweden

6 607  ( 1 )

Union

28 388  ( 1 )

TAC

Not relevant

Precautionary TAC

Article 3(2) and (3) of Regulation (EC) No 847/96 shall not apply.

Article 4 of Regulation (EC) No 847/96 shall not apply.

Species:

Cod

Gadus morhua

Zone:

Subdivisions 22-24

(COD/3BC+24)

Denmark

2 444  ( 2 )

Germany

1 194  ( 2 )

Estonia

54  ( 2 )

Finland

48  ( 2 )

Latvia

202  ( 2 )

Lithuania

131  ( 2 )

Poland

654  ( 2 )

Sweden

870  ( 2 )

Union

5 597  ( 2 )

TAC

5 597  ( 2 )

Analytical TAC

Article 3(2) and (3) of Regulation (EC) No 847/96 shall not apply.

Article 4 of Regulation (EC) No 847/96 shall not apply.

Species:

Plaice

Pleuronectes platessa

Zone:

Union waters of Subdivisions 22-32

(PLE/3BCD-C)

Denmark

5 070

Germany

563

Poland

1 061

Sweden

382

Union

7 076

TAC

7 076

Analytical TAC

Species:

Atlantic salmon

Salmo salar

Zone:

Union waters of Subdivisions 22-31

(SAL/3BCD-F)

Denmark

18 885  ( 1 )

Germany

2 101  ( 1 )

Estonia

1 919  ( 1 )

Finland

23 548  ( 1 )

Latvia

12 012  ( 1 )

Lithuania

1 412  ( 1 )

Poland

5 729  ( 1 )

Sweden

25 526  ( 1 )

Union

91 132  ( 1 )

TAC

Not relevant

Analytical TAC

Article 3(2) and (3) of Regulation (EC) No 847/96 shall not apply.

Article 4 of Regulation (EC) No 847/96 shall not apply.

Species:

Atlantic salmon

Salmo salar

Zone:

Union waters of Subdivision 32

(SAL/3D32.)

Estonia

1 026  ( 2 )

Finland

8 977  ( 2 )

Union

10 003  ( 2 )

TAC

Not relevant

Precautionary TAC

Species:

Sprat

Sprattus sprattus

Zone:

Union waters of Subdivisions 22-32

(SPR/3BCD-C)

Denmark

25 875

Germany

16 393

Estonia

30 047

Finland

13 545

Latvia

36 289

Lithuania

13 127

Poland

77 012

Sweden

50 022

Union

262 310

TAC

Not relevant

Analytical TAC

Article 6(2) of this Regulation shall apply.

( 1 )

( x )

In subdivisions 25 and 26, fishing vessels shall be prohibited from fishing with trawls, Danish seines or similar gear of a mesh size equal to or larger than 90 mm, with gillnets, entangling nets or trammel nets of a mesh size equal to or larger than 90 mm, with bottom set lines, longlines except drifting lines, handlines and jigging equipment to fish this quota from 1 July to 31 August.

By way of derogation from the first paragraph, that closure period shall not apply to fishing vessels of less than 12 metres in length overall that fish in areas where the water depth is less than 20 meters according to the coordinates on the official sea chart. Those vessels shall ensure that their fishing activity can be monitored at any time. For that purpose, they can for example be equipped with a vessel monitoring system (VMS), or equivalent electronic monitoring system certified by the control authority, or paper logbooks in combination with established inspection and surveillance procedures in line with Council Regulation (EC) No 1224/2009. Member States shall send the catch data to the Commission on a weekly basis.

( 2 )

( x )

Fishing vessels shall be prohibited from fishing with trawls, Danish seines or similar gear of a mesh size equal to or larger than 90 mm, with gillnets, entangling nets or trammel nets of a mesh size equal to or larger than 90 mm, with bottom set lines, longlines except drifting lines, handlines and jigging equipment to fish this quota from 1 February to 31 March.

By way of derogation from the first paragraph, that closure period shall not apply to fishing vessels of less than 12 metres in length overall that fish in areas where the water depth is less than 20 meters according to the coordinates on the official sea chart. Those vessels shall ensure that their fishing activity can be monitored at any time. For that purpose, they can for example be equipped with a vessel monitoring system (VMS), or equivalent electronic monitoring system certified by the control authority, or paper logbooks in combination with established inspection and surveillance procedures in line with Council Regulation (EC) No 1224/2009. Member States shall send the catch data to the Commission on a weekly basis.

( 1 )   Expressed by number of individual fish.

( 2 )   Expressed by number of individual fish.