Commission Delegated Regulation (EU) 2019/2201 of 1 October 2019 supplementing Regulation (EU) 2019/1241 of the European Parliament and of the Council with detailed rules for the implementation of real-time closures for Northern prawn fisheries in the Skagerrak

Subject matter

Article 1

This Regulation establishes detailed rules for the implementation of real-time closures of fisheries in the Skagerrak for the protection of juveniles of Northern prawn (Pandalus borealis ).

Definitions

Article 2

For the purpose of this Regulation, the following definitions shall apply: (a)  ‘Skagerrak’ means the 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; (b)  ‘haul’ means the activity between the deployment and retrieval of a net. (c)  ‘Joint Deployment Plan’ means a plan specified under a Specific Control and Inspection Programme established pursuant to Article 95 of Regulation (EC) No 1224/2009. (d)  ‘Juveniles of Northern Prawn’ means-specimens of Northern prawn (Pandalus borealis ) smaller than 14,8 mm carapace length. Carapace length shall be measured as the length of the carapace, parallel to the midline, from the back of either eye socket to the distal edge of the carapace. (e)  ‘Nordmøre grid’ is a selectivity device inserted in a trawl which consists of an inclined grid with an escape exit. The device allows the passage of shrimp or Nephrops whilst excluding unwanted by-catches of fish by guiding them out of the escape exit.

Catch trigger level

Article 3

The catch trigger level which initiates real-time closures of fisheries under this Regulation shall be 20 % by number of juveniles of Northern prawn compared to the overall number of Northern prawn, in a sample.

Inspections

Article 4

1.   The source of information to monitor trigger catch levels shall be inspections at sea undertaken by competent control authorities on fishing vessels targeting Northern prawn ( Pandalus borealis ) with demersal trawls with a mesh size of at least 35mm. 2.   The coastal Member State, and/or the Member State participating in a joint operation under a Joint Deployment Plan, shall identify areas and time periods where there is a risk of reaching the catch trigger level. 3.   Inspections shall be carried out, in particular, in the areas identified in accordance with paragraph 2, to measure whether the percentage of juveniles of Northern Prawn reaches the catch trigger level. 4.   Control authorities shall inspect catches of Northern prawn using the sample procedure outlined in Annex I. 5.   Inspection details and the quantity of juveniles of Northern prawn in the sample shall be recorded in a sampling report as set out in Annex II. The sampling report form, presented in Annex II shall be duly completed immediately after the sample has been measured. 6.   If the quantity of Northern prawn in a haul is less than 100 kg, that haul shall not be taken as a basis for recommending a closure.

Trigger level notifications

Article 5

1.   When the results of the samples collected in accordance with Article 4(4) from at least two hauls taken within a time span of 96 hours show that the quantity of juveniles of Northern prawn reaches the catch trigger level, the sampling report(s) referred to in Article 4(5) shall be completed immediately and sent to the contact point of the coastal Member State, which shall consider whether a RTC should be established. The transmission of the sampling reports may be complemented by a recommendation from the control authorities responsible for the inspections to establish a RTC. 2.   If the proportion of juveniles of Northern prawn is more than 40 % of the number of that species in the sample as referred in Article 4(4), control authorities may recommend a real time closure on the basis of one sample.

Closure of fisheries

Article 6

1.   On the basis of the sampling reports referred to in Article 4(4), the coastal Member State concerned may prohibit fishing for Northern prawn with demersal trawls with a mesh size of at least 35mm in an area defined in accordance with Article 7 (‘the closed area’). 2.   Notwithstanding paragraph 1, trawl vessels targeting Northern prawn with a size selective Nordmøre grid as referred to in Annex III may be allowed to fish for Northern prawn in the closed area. Vessels wishing to use that exemption shall notify their intention and gear use to the Fisheries Monitoring Centre of the coastal Member State before entering the closed area. 3.   Vessels using a size selective Nordmøre grid as referred to in Annex III shall be subject to a specific monitoring programme to be established by Member States in order to verify the proportion of juveniles of Northern prawn in the overall catch of that species. The results from those programmes shall be transmitted to the Commission no later than 6 months following the starting date of the programme and 12 months thereafter. 4.   If the inspection of a vessel using a size selective Nordmøre grid as referred to in Annex III in a closed area shows a catch of juveniles of Northern prawn which reaches the trigger catch level, that vessel shall move out of the closed area for the remainder of the closure period. 5.   However, the vessel may return to the closed area after adjusting the gear and remain in the area, provided it obtains the permission of the competent control authorities, In that case, the next haul of the vessel shall be inspected by the control authorities in order to ensure that the catch of juveniles of Northern prawn do not reach the trigger catch level.

Geographical extent of the closed area

Article 7

The geographical boundaries of a closed area shall be established on the basis of the following criteria: (a)  The area definition shall take into account, in particular, the haul trajectories that led to the closure decision, the depth curves, the catch composition and the fishing activity; (b)  The closed area shall not exceed 50 square nautical miles.

Duration of the real time closure

Article 8

1.   The real time closure shall enter into force at 24.00 hours Universal Coordinated Time (UTC) on the day of decision. The adoption of the decision should be timed to provide sufficient time for vessels operating in the vicinity of the area to be informed in accordance with Article 7. 2.   The area shall be closed for 14 days after which it shall automatically cease to apply at midnight UTC.

Neighbouring coastal states

Article 9

1.   Coastal Member States may seek cooperation with neighbouring Coastal States to initiate a real time closure using sample results originating from both sides of the border. 2.   If the area to be closed straddles the territory and the waters under the sovereignty or jurisdictions of two or more Coastal Member States, the Coastal Member State shall without delay inform the neighbouring Coastal Member State and third countries of the findings and the decision to close the relevant area. The neighbouring Coastal State may then consider a closure in its waters. 3.   A coastal Member State may invite neighbouring Coastal States to take samples on its behalf in waters under their sovereignty or jurisdiction.

Information

Article 10

1.   After deciding a real time closure in accordance with Article 6, the coastal Member State shall without delay: (a)  post a notification of the real time closure on its website including a map, coordinates and the underlying sampling report(s), and (b)  inform vessels in the vicinity of the closed area to the extent possible, and (c)  inform, by means of electronic notification, the Directorate of Fisheries in Norway, the Commission and the Fisheries Monitoring Centres in relevant Member States and third countries whose fishing vessels are authorised to operate in the area concerned. The notification shall contain information on the date and time when the closure enters into force, the coordinates delimiting the closure and the relevant web address containing additional information. 2.   Member States shall take the necessary measures to ensure that their Fisheries Monitoring Centres inform the vessels flying their flag that are affected by the real-time closure. 3.   Upon request, the coastal Member State concerned shall provide the Commission with the detailed sampling reports and justifications underlying the real-time closure decided in accordance with Article 7.

Demersal trawlers with Nordmøre grids

Article 11

1.   Without prejudice to Article 7 of Regulation (EU) No 724/2010, demersal trawlers utilising the following gears are exempt from the prohibition on fishing emanating from the fulfilment of the conditions stipulated in that provision: —  demersal trawls within a mesh size of at least 32 mm targeting Northern prawn ( Pandalus borealis ) which are equipped with a Nordmøre sorting grid with a maximum bar spacing of 19mm without a fish retention device; —  demersal trawls with a mesh size greater than 70mm targeting Norway lobster ( Nephrops norvegicus ) equipped with a Nordmøre grid with a maximum bar spacing of 35mm without a fish retention device. 2.   Flag Member States of vessels using gears referred to in paragraph 1 shall establish a specific monitoring programme to verify that catches do not reach the trigger level. If catches reach the trigger level, those vessels shall move out of the closed area for the remainder of the closure period. The results from those programmes shall be transmitted to the Commission no later than 6 months following the starting date of the programme and thereafter every 12 months. If the results from such programmes show that catches exceed the trigger levels, then these gears shall no longer be exempted.

Article 12

This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union . It shall apply from 1 January 2020.

SAMPLING METHODOLOGY

ANNEX ISupplementary provisions

ANNEX I SAMPLING METHODOLOGY Samples shall be taken and measured in accordance with following provisions. 1.   Whenever possible, samples shall be taken and measured in close cooperation with the master of the fishing vessel and his crew. The master of the fishing vessel and his crew shall be encouraged to participate in the process. They shall also be encouraged to share any information that could be relevant with respect to the delimitation of a closed area. 2.   The total catch in the haul shall be used as the basis for the catch composition estimation. 3.   A sample shall be taken in accordance with following procedure: a)  The sample shall be taken in such a way that it reflects the catch composition of Northern prawn in the haul. To achieve that, the skipper, or a person he designates, shall assist when the sample is taken; b)  The minimum size of the sample shall be 1 kg or 2 litres of Northern prawn. 4.   The quantity of juveniles of Northern prawn shall be calculated as a percentage of the total number of Northern prawn in the sample. 5.   The sampling report form, presented in Annex II shall be duly completed immediately after the sample has been measured.

ANNEX IISupplementary provisions

ANNEX II REAL-TIME CLOSURES – SAMPLING REPORT TO THE COASTAL STATE Northern prawn in relation to juveniles of Northern prawn   ( ) Inspection/observation details Inspection platform Inspector/observer name Inspector/observer name Date and time  ( 2 ) of inspection/observation Position  ( 3 ) of inspection/observation           Fishing vessel details Name Call sign Registration number Flag state Type of gear Single/Double Mesh size mm             Selection measures Grid (for sorting out Pandalus) Grid, mm Other   Collection bag Mesh size in collection bag             Fishing operation details Start Date and time  ( 2 ) Position  ( 3 )             Stop Date and time  ( 2 ) Position  ( 3 ) Duration of fishing operation  ( 4 )           Catch details Estimated total catch in the haul (kg)   Estimated Northern prawn catch in the haul (kg)   Size of Northern prawn sample (kg/litre)   Total number of Northern prawn in sample   Number of juveniles of Northern prawn in sample   % of juveniles of Northern prawn (number of juveniles of Northern prawn/total number)   Observations and additional information Additional information from other sources, e.g. received from master. Inspector Signature Not required if completed electronically and transmitted to coastal state by email ( 1 )    The term ‘Juveniles of Northern prawn’ as defined in this Regulation corresponds to the terms ‘Pandalus under trigger level’, ‘Pandalus below the trigger size’ and ‘Pandalus under the RTC trigger size’, as defined in the Agreed Record of the Consultations between the European Union and Norway of 6 September 2018. ( 2 )    dd/mm/yy hh mm (local time 24 hours). ( 3 )    e.g. 56°24′ N 01° 30′ E. ( 4 )    hh mm.

SELECTIVE GRID IN THE FISHERY FOR NORTHERN PRAWN TO BE ALLOWED IN THE CLOSED AREA

ANNEX IIISupplementary provisions

ANNEX III SELECTIVE GRID IN THE FISHERY FOR NORTHERN PRAWN TO BE ALLOWED IN THE CLOSED AREA Bottom trawl with a mesh size in the extension piece and codend of at least 35 mm, equipped with a sorting grid with a maximum bar spacing of 19 mm in the upper part of the grid and a minimum bar spacing of 9,5 mm in the lower part of the grid. Behind the lower part of the grid is an unblocked outlet to the seafloor. Mesh size of at least 35 mm applies posterior to the sorting grid.