Subject matter and scope
1. This Regulation establishes a multiannual plan (‘the plan’) for the conservation and sustainable exploitation of demersal stocks in the western Mediterranean Sea.
2. This Regulation applies to the following stocks:
(a)
blue and red shrimp ( Aristeus antennatus ) in GFCM subareas 1, 5, 6 and 7;
(b)
deep-water rose shrimp ( Parapenaeus longirostris ) in GFCM subareas 1, 5, 6 and 9-10-11;
(c)
giant red shrimp ( Aristaeomorpha foliacea ) in GFCM subareas 9-10-11;
(d)
European hake ( Merluccius merluccius ) in GFCM subareas 1-5-6-7 and 9-10-11;
(e)
Norway lobster ( Nephrops norvegicus ) in GFCM subareas 5, 6, 9 and 11;
(f)
red mullet ( Mullus barbatus ) in GFCM subareas 1, 5, 6, 7, 9, 10 and 11.
3. This Regulation also applies to by-catch stocks caught in the western Mediterranean Sea when fishing for the stocks listed in paragraph 2. It also applies to any other demersal stocks which are caught in the western Mediterranean Sea and for which sufficient data are not available.
4. This Regulation applies to commercial fisheries catching the demersal stocks referred to in paragraphs 2 and 3, where they are carried out in Union waters or by Union fishing vessels outside the Union waters of the western Mediterranean Sea.
5. This Regulation also specifies details for the implementation of the landing obligation in Union waters of the western Mediterranean Sea for all stocks of species to which the landing obligation applies under Article 15(1) of Regulation (EU) No 1380/2013 which are caught in demersal fisheries.
6. This Regulation provides for technical measures, as set out in Article 13, applicable in the western Mediterranean Sea in respect of any stock.
Definitions
For the purposes of this Regulation, the following definitions apply in addition to those laid down in Article 4 of Regulation (EU) No 1380/2013, Article 4 of Council Regulation (EC) No 1224/2009 ( 11 ) and Article 2 of Regulation (EC) No 1967/2006:
(1)
‘western Mediterranean Sea’ means the waters in GFCM geographical sub-areas (GSAs) 1 (Northern Alboran Sea), 2 (Alboran Island), 5 (Balearic Islands), 6 (Northern Spain), 7 (Gulf of Lions), 8 (Corsica Island), 9 (Ligurian and North Tyrrhenian Sea), 10 (South Tyrrhenian Sea) and 11 (Sardinia Island), as defined in Annex I to Regulation (EU) No 1343/2011 of the European Parliament and of the Council ( 12 ) ;
(2)
‘the stocks concerned’ means the stocks listed in Article 1(2);
(3)
‘most vulnerable stock’ means the stock for which, at the time of the setting of the maximum allowable fishing effort, the fishing mortality of the previous year is the furthest from the F MSY point value determined in the best available scientific advice;
(4)
‘range of F MSY ’ means a range of values provided for in the best available scientific advice, in particular by STECF, or a similar independent scientific body recognised at Union or international level, where all levels of fishing mortality within that range result in maximum sustainable yield (MSY) in the long term with a given fishing pattern and under current average environmental conditions, without significantly affecting the reproduction process for the stocks in question. It is derived to deliver no more than a 5 % reduction in long-term yield compared to the MSY. It is capped so that the probability of the stock falling below the limit reference point (B LIM ) is no more than 5 %;
(5)
‘F MSY point value’ means the value of the estimated fishing mortality that, with a given fishing pattern and under current average environmental conditions, gives the long-term maximum yield;
(6)
‘MSY F LOWER ’ means the lowest value within the range of F MSY ;
(7)
‘MSY F UPPER ’ means the highest value within the range of F MSY ;
(8)
‘lower range of F MSY ’ means a range that contains values from MSY F LOWER to F MSY point value;
(9)
‘upper range of F MSY ’ means a range that contains values from F MSY point value to MSY F UPPER ;
(10)
‘B LIM ’ means the limit reference point, expressed as spawning stock biomass and provided for in the best available scientific advice, in particular by STECF, or a similar independent scientific body recognised at Union or international level, below which there may be reduced reproductive capacity;
(11)
‘B PA ’ means the precautionary reference point, expressed as spawning stock biomass and provided for in the best available scientific advice, in particular by STECF, or a similar independent scientific body recognised at Union or international level, which ensures that the spawning stock biomass has less than 5 % probability of being below B LIM ;
(12)
‘fishing effort group’ means a fleet management unit of a Member State for which a maximum allowable fishing effort is set;
(13)
‘stock group’ means a group of stocks caught together as set out in Annex I;
(14)
‘fishing day’ means any continuous period of 24 hours, or part thereof, during which a vessel is present in the western Mediterranean Sea and absent from port.
Objectives
1. The plan shall be based on a fishing effort regime and shall aim to contribute to the achievement of the objectives of the CFP listed in Article 2 of Regulation (EU) No 1380/2013, in particular by applying the precautionary approach to fisheries management, as well as to ensure that exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce MSY.
2. The plan shall contribute to the elimination of discards by avoiding and reducing, as far as possible, unwanted catches, and to the implementation of the landing obligation established in Article 15 of Regulation (EU) No 1380/2013 for the species which are subject to minimum conservation reference sizes under Union law and to which this Regulation applies.
3. The plan shall implement the ecosystem-based approach to fisheries management in order to ensure that negative impacts of fishing activities on the marine ecosystem are minimised. It shall be coherent with Union environmental legislation, in particular with the objective of achieving good environmental status by 2020 as set out in Article 1(1) of Directive 2008/56/EC.
4. In particular, the plan shall aim to:
(a)
ensure that the conditions described in descriptor 3 set out in Annex I to Directive 2008/56/EC are fulfilled;
(b)
contribute to the fulfilment of other relevant descriptors contained in Annex I to Directive 2008/56/EC in proportion to the role played by fisheries in their fulfilment; and
(c)
contribute to the achievement of the objectives set out in Articles 4 and 5 of Directive 2009/147/EC and Articles 6 and 12 of Directive 92/43/EEC, in particular to minimise the negative impact of fishing activities on vulnerable habitats and protected species.
5. Measures under the plan shall be taken on the basis of the best available scientific advice.
