Council Regulation (EU) 2022/109 of 27 January 2022 fixing for 2022 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in Union waters and for Union fishing vessels in certain non-Union waters

• CELEX: Regulation (EU) 2022/109
• Articles: 70

Article 1 Subject matter

1.   This Regulation fixes fishing opportunities available in Union waters and to Union fishing 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 2022 and, where specified in this Regulation, for the year 2023;

(b)

fishing effort limits for the year 2022, except the fishing effort limits set out in Annex II, which are to apply from 1 February 2022 to 31 January 2023;

(c)

fishing opportunities for the period from 1 December 2021 to 30 November 2022 for certain stocks in the CCAMLR Convention Area.

Article 2 Scope

1.   This Regulation applies to the following vessels:

(a)

Union fishing vessels;

(b)

third-country vessels in Union waters.

2.   This Regulation also applies to:

(a)

certain recreational fisheries expressly referred to in the relevant provisions of this Regulation; and

(b)

commercial fisheries from shore.

Article 3 Definitions

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

(a)

‘third-country vessel’ means a fishing vessel flying the flag of, and registered in, a third country;

(b)

‘recreational fisheries’ means non-commercial fishing activities exploiting marine biological resources in the context of recreation, tourism or sport;

(c)

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

(d)

‘total allowable catch’ (TAC) means:

(i)

in fisheries subject to the exemption from the landing obligation referred to in Article 15(4) to (7) of Regulation (EU) No 1380/2013, the quantity of fish that may be landed from each stock each year;

(ii)

in all other fisheries, the quantity of fish that may be caught from each stock each year;

(e)

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

(f)

‘analytical assessment’ means 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;

(g)

‘mesh size’ means the mesh size of fishing nets as defined in Article 6, point (34), of Regulation (EU) 2019/1241 of the European Parliament and of the Council  ( 13 ) ;

(h)

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

(i)

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

(j)

‘instrumented buoy’ means a buoy clearly marked with a unique reference number allowing identification of its owner and equipped with a satellite tracking system to monitor its position;

(k)

‘operational buoy’ means any instrumented buoy, previously activated, switched on and deployed at sea on a drifting fish aggregating device (FAD) or log, which transmits positions and other available information such as echo-sounder estimates;

(l)

‘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 sustainable yield.

Article 4 Fishing zones

For the purposes of this Regulation, the following zone definitions 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 of the European Parliament and of the Council  ( 14 ) ;

(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 that 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 that 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 7’ 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;

(e)

‘functional unit 25 of ICES division 8c’ means the geographical sea area bounded by rhumb lines sequentially joining the following positions:

—

43° 00' N 9° 00' W,

—

43° 00' N 10° 00' W,

—

43° 30' N 10° 00' W,

—

43° 30' N 9° 00' W,

—

44° 00' N 9° 00' W,

—

44° 00' N 8° 00' W,

—

43° 30' N 8° 00' W;

(f)

‘functional unit 26 of ICES division 9a’ 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;

(g)

‘functional unit 27 of ICES division 9a’ 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;

(h)

‘functional unit 30 of ICES division 9a’ means the geographical area under the jurisdiction of Spain in the Gulf of Cádiz and in the adjacent waters of ICES division 9a;

(i)

‘functional unit 31 of ICES division 8c’ means the geographical sea area bounded by rhumb lines sequentially joining the following positions:

—

43° 30' N 6° 00' W,

—

44° 00' N 6° 00' W,

—

44° 00' N 2° 00' W,

—

43° 30' N 2° 00' W;

(j)

‘Gulf of Cádiz’ means the geographical area of ICES division 9a east of longitude 7 o  23' 48″ W;

(k)

‘CCAMLR (Commission for the Conservation of Antarctic Marine Living Resources) Convention Area’ means the geographical area defined in Article 2, point (a), of Council Regulation (EC) No 601/2004  ( 15 ) ;

(l)

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  ( 16 ) ;

(m)

‘IATTC (Inter-American Tropical Tuna Commission) Convention Area’ means 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 (Antigua Convention)  ( 17 ) ;

(n)

‘ICCAT (International Commission for the Conservation of Atlantic Tunas) Convention Area’ means the geographical area defined in the International Convention for the Conservation of Atlantic Tunas  ( 18 ) ;

(o)

‘IOTC (Indian Ocean Tuna Commission) Area of Competence’ means the geographical area defined in the Agreement for the establishment of the Indian Ocean Tuna Commission  ( 19 ) ;

(p)

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  ( 20 ) ;

(q)

‘SEAFO (South East Atlantic Fisheries Organisation) Convention Area’ means the geographical area defined in the Convention on the Conservation and Management of Fishery Resources in the South-East Atlantic Ocean  ( 21 ) ;

(r)

‘SIOFA (Southern Indian Ocean Fisheries Agreement) Agreement Area’ means the geographical area defined in the Southern Indian Ocean Fisheries Agreement  ( 22 ) ;

(s)

‘SPRFMO (South Pacific Regional Fisheries Management Organisation) Convention Area’ means the geographical area defined in the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean  ( 23 ) ;

(t)

‘WCPFC (Western and Central Pacific Fisheries Commission) Convention Area’ means the geographical area defined in the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean  ( 24 ) ;

(u)

‘high seas of the Bering Sea’ means 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 seas of the coastal States of the Bering Sea is measured;

(v)

‘overlap area between IATTC and WCPFC Convention Areas’ means the geographical area defined by the following limits:

—

longitude 150 o W,

—

longitude 130 o W,

—

latitude 4 o S,

—

latitude 50 o S.

Article 5 TACs and allocations

1.   The TACs for Union fishing vessels in Union waters and certain non-Union waters, their allocation among Member States and, where appropriate, the conditions functionally linked thereto are set out in Annex I.

2.   Union fishing vessels may be authorised to fish in waters under the fisheries jurisdiction of the Faroe Islands, Greenland, Norway and in the fishing zone around Jan Mayen subject to the TACs set out in Annex I to this Regulation and subject to the conditions provided for in Article 20 and Part A of Annex V of this Regulation and in Regulation (EU) 2017/2403 of the European Parliament and of the Council  ( 25 ) and its implementing provisions.

3.   Union fishing vessels may be authorised to fish in waters under the fisheries jurisdiction of the United Kingdom subject to the TACs in Annex I to this Regulation and subject to the conditions provided for in Article 20 of this Regulation and in Regulation (EU) 2017/2403 and its implementing provisions.

Article 6 TACs to be determined by Member States

1.   The TACs for certain fish stocks identified in Annex I shall be determined by the Member State concerned.

2.   The TACs to be determined by a Member State shall:

(a)

be consistent with the principles and rules of the CFP, in particular the principle of sustainable exploitation of the stock; and

(b)

result in an exploitation of the stock that is:

(i)

if an analytical assessment is available, in line with maximum sustainable yield, with as high a probability as possible; or

(ii)

if an analytical assessment is unavailable or incomplete, consistent with the precautionary approach to fisheries management.

3.   By 15 March 2022, each Member State concerned shall submit the following information to the Commission:

(a)

the TACs that it has determined;

(b)

the data that it has collected, assessed and used as a basis for the determination of the TACs;

(c)

details as to how the determined TACs comply with paragraph 2.

Article 7 Application of provisional TACs

1.   Where a reference is made to this paragraph in a fishing opportunities table in Annex IA or Annex IB, the fishing opportunities in that table shall apply provisionally from 1 January to 31 March 2022. Those provisional fishing opportunities shall be without prejudice to the setting of definitive fishing opportunities for 2022 in line with the outcomes of international negotiations and consultations, in accordance with the scientific advice and the applicable provisions of Regulation (EU) No 1380/2013 and relevant multiannual plans.

2.   Union vessels may fish for stocks subject to the provisional fishing opportunities referred to in paragraph 1 in Union and international waters and in waters of third countries that have granted access to their waters for Union vessels.

Article 8 Conditions for landing catches and by-catches

1.   Catches that are not subject to the landing obligation under Article 15 of Regulation (EU) No 1380/2013 shall be retained on board or landed only if they:

(a)

have been taken by vessels flying the flag of a Member State that has a quota and that quota has not been exhausted; or

(b)

make up a share of a Union quota that has not been allocated among Member States and that has not been exhausted.

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

Article 9 Quota-exchange mechanism for TACs for unavoidable by-catches

1.   In order to take account of the landing obligation and to make quotas for certain by-catches available to Member States without a quota, the quota-exchange mechanism set out in paragraphs 2 to 5 shall apply to the TACs identified in Annex IA.

2.   6 % of each quota allocated to a Member State from the TACs for cod ( Gadus morhua ) in the Celtic Sea, cod in the West of Scotland, whiting in the Irish Sea and plaice in ICES divisions 7h, 7j and 7k, and 3 % of each quota from the TAC for West of Scotland whiting shall be made available for a pool for quota exchanges (‘the pool’), which shall open on 1 January 2022. Member States without a quota shall have exclusive access to the pool until 31 March 2022.

3.   The quantities drawn from the pool may not be exchanged or transferred to the following year. After 31 March 2022, any unused quantities shall be returned to the Member States that initially contributed to the pool.

4.   Member States without a quota shall provide in return quotas for stocks listed in the Appendix to Annex IA, unless the Member State without a quota and the Member State contributing to the pool agree otherwise.

5.   The quotas referred to in paragraph 4 shall be of equivalent commercial value, determined on the basis of a market exchange rate or other mutually acceptable exchange rates. In the absence of alternatives, the equivalent commercial value shall be determined on the basis of average Union prices from the previous year, as provided by the European Market Observatory for Fisheries and Aquaculture Products.

6.   Where the quota-exchange mechanism set out in paragraphs 2 to 5 does not allow Member States to cover their unavoidable by-catches to a similar extent, Member States shall endeavour to agree on quota exchanges pursuant to Article 16(8) of Regulation (EU) No 1380/2013, ensuring that quotas exchanged are of equivalent commercial value.

Article 10 Fishing effort limits in ICES division 7e

1.   For the period referred to in point (b) of Article 1(2), the technical aspects of the rights and obligations for the management of the sole stock in ICES division 7e are set out in Annex II.

2.   At the request of a Member State in accordance with point 7.4 of Annex II, the Commission may adopt an implementing act by which it allocates to that Member State a number of days at sea in addition to those referred to in point 5 of Annex II, on which it may authorise a vessel under its flag to be present in ICES division 7e when carrying on board any regulated gear. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 58(2) of this Regulation.

3.   At the request of a Member State, the Commission may adopt an implementing act by which it allocates to that Member State a maximum of three days between 1 February 2022 and 31 January 2023, in addition to those referred to in point 5 of Annex II, on which a vessel may be present in ICES division 7e on the basis of an enhanced programme of scientific observer coverage, as referred to in point 8.1 of Annex II. It shall make such an allocation on the basis of the description submitted by that Member State in accordance with point 8.3 of Annex II and following consultation with the STECF. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 58(2) of this Regulation.

Article 11 Measures on European seabass fisheries in ICES divisions 4b and 4c and ICES subarea 7

1.   It shall be prohibited for Union fishing vessels, as well as for any commercial fisheries from shore, to fish for European seabass ( Dicentrarchus labrax ) in ICES divisions 4b and 4c and in ICES subarea 7 or to retain on board, tranship, relocate or land European seabass caught in that area.

2.   The prohibition set out in paragraph 1 shall not apply to by-catches of seabass in shore-based commercial netting activities. This exemption applies to historic numbers of beach nets set at pre-2017 levels. Shore-based commercial netting activities shall not target seabass and only unavoidable by-catches of seabass may be landed.

3.   By way of derogation from paragraph 1, in January 2022, Union fishing vessels in ICES divisions 4b, 4c, 7d, 7e, 7f and 7h may fish for, retain on board, tranship, relocate or land European seabass caught in that area with the following gear and within the following limits:

(a)

using demersal trawls  ( 26 ) , for unavoidable by-catches not exceeding 380 kilogrammes per two months and 5 % of the weight of the total catches of marine organisms on board caught by the vessel concerned per fishing trip;

(b)

using seines  ( 27 ) , for unavoidable by-catches not exceeding 380 kilogrammes per two months and 5 % of the weight of the total catches of marine organisms on board caught by the vessel concerned per fishing trip;

(c)

using hooks and lines  ( 28 ) , not exceeding 1,43 tonnes per vessel;

(d)

using fixed gillnets  ( 29 ) , for unavoidable by-catches not exceeding 0,35 tonnes per vessel.

The derogation set out in the first subparagraph, point (c), shall apply to Union fishing vessels that have recorded catches of European seabass using hooks and lines over the period from 1 July 2015 to 30 September 2016.

The derogation set out in the first subparagraph, point (d), shall apply to Union fishing vessels that have recorded catches of European seabass using fixed gillnets over the period from 1 July 2015 to 30 September 2016.

In the case of a replacement of a Union fishing vessel, Member States may allow those derogations to apply to another Union fishing vessel provided that the number of Union fishing vessels subject to each of the derogations and their overall fishing capacity do not increase.

4.   The catch limits set out in paragraph 3 shall not be transferable between vessels and, where a bi-monthly limit applies, from one two-month period to another.

For Union fishing vessels using more than one gear in two calendar months, the lowest catch limit set out in paragraph 3 for either gear shall apply.

Member States shall report to the Commission all catches of European seabass per type of gear no later than 15 days after the end of each month.

5.   In recreational fisheries, including from shore, in ICES divisions 4b, 4c, 6a, 7a to 7k:

(a)

from 1 January to 28 February:

(i)

only catch-and-release fishing with a rod or a handline for European seabass shall be allowed;

(ii)

it shall be prohibited to retain on board, relocate, tranship or land European seabass caught in that area;

(b)

from 1 to 31 March:

(i)

a maximum of two specimens of European seabass may be caught and retained per fisher per day;

(ii)

the minimum size of European seabass retained shall be 42 cm;

(iii)

fixed nets shall not be used to catch or retain European seabass.

6.   Paragraph 5 shall be without prejudice to more stringent national measures on recreational fisheries.

7.   This Article shall apply from 1 January to 31 March 2022.

Article 12 Measures on European seabass fisheries in ICES divisions 8a and 8b

1.   France and Spain shall ensure that the fishing mortality of the European seabass stock in ICES divisions 8a and 8b from their commercial and recreational fisheries does not exceed the F MSY point value, as required by Article 4(3) of Regulation (EU) 2019/472.

2.   In recreational fisheries, including from shore, in ICES divisions 8a and 8b:

(a)

a maximum of two specimens of European seabass may be caught and retained per fisher per day;

(b)

fixed nets shall not be used to catch or retain European seabass.

3.   Paragraph 2 shall apply without prejudice to more stringent national measures on recreational fisheries.

Article 13 Measures on European eel fisheries in Union waters of the ICES area

Any targeted, incidental and recreational European eel ( Anguilla anguilla ) fishing activity, as defined in Article 4(1), point (28), of Regulation (EU) No 1380/2013, shall be prohibited in Union waters of the ICES area and brackish waters such as estuaries, coastal lagoons and transitional waters for a consecutive three-month period.

Each Member State concerned shall determine that period, which shall fall between 1 August 2022 and 28 February 2023, to ensure that the prohibition covers the periods of the highest migration of European eel.

Member States shall no later than 1 June 2022 communicate the determined period to the Commission together with the supporting information justifying the chosen prohibition period.

Article 14 Special provisions on allocations of fishing opportunities

1.   The allocation of fishing opportunities among Member States 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 Articles 12 and 47 of Regulation (EU) 2017/2403;

(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 made pursuant to Article 21 of this Regulation.

2.   Stocks subject to precautionary or analytical TACs for the purposes of the year-to-year management of TACs and quotas provided for in Regulation (EC) No 847/96 are identified in Annex I to this Regulation.

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

4.   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 15 Closed fishing seasons for sandeels

Commercial fishing for sandeels ( Ammodytes spp.) with demersal trawl, seine or similar towed gears with a mesh size of less than 16 mm shall be prohibited in ICES divisions 2a and 3a and ICES subarea 4 from 1 January to 31 March 2022.

Article 16 Remedial measures for cod in the North Sea

1.   The areas closed to fishing, except with pelagic gear (purse seines and trawls), and the periods during which the closures apply are set out in Annex IV.

2.   Vessels fishing with bottom trawls and seines with minimum mesh size of at least 70 mm in ICES divisions 4a and 4b or at least 90 mm in ICES division 3a, and longlines  ( 30 ) shall be prohibited from fishing in Union waters of ICES division 4a, north of latitude 58° 30′ 00″ N and south of latitude 61° 30′ 00″ N, and in Union waters of ICES divisions 3a.20 (Skagerrak), 4a and 4b, north of latitude 57° 00′ 00″ N and east of longitude 5° 00′ 00″ E.

3.   By way of derogation from paragraph 2, fishing vessels referred to in that paragraph may fish in the areas referred to in that paragraph provided that they fulfil at least one of the following criteria:

(a)

their cod catches do not account for more than 5 % of their total catches per fishing trip; vessels whose cod catches did not exceed 5 % of their total catches in 2017–2019 are presumed to comply with this criterion provided that they continue to use the same gear that they used in that period; this presumption may be rebutted;

(b)

a regulated and highly selective bottom trawl or seine is used, resulting, according to a scientific study, in at least a 30 % reduction in cod catches compared to vessels fishing with the baseline mesh size for towed gears, as specified in Part B, point 1.1, of Annex V to Regulation (EU) 2019/1241; such studies may be evaluated by the STECF and in the case of a negative evaluation, the gears in question shall no longer be considered valid for use in the areas referred to in paragraph 2 of this Article;

(c)

for vessels operating with bottom trawls and seines with mesh sizes equal to or larger than 100 mm (TR1), the following highly selective gears are used:

(i)

belly trawls with a minimum belly mesh size of 600 mm;

(ii)

raised fishing line (0,6 m);

(iii)

horizontal separating panel with large mesh escape panel;

(d)

for vessels operating with bottom trawls and seines with mesh sizes equal to or larger than 70 mm in ICES division 4a and 90 mm in ICES division 3a, and less than 100 mm (TR2), the following highly selective gears are used:

(i)

horizontal sorting grid with maximum 50 mm bar spacing separating flatfish and roundfish, with an unblocked fish outlet for roundfish;

(ii)

Seltra panel with 300 mm square-mesh size;

(iii)

sorting grid with maximum 35 mm bar spacing, with an unblocked fish outlet;

(e)

vessels are subject to a national cod avoidance plan to sustain cod catches in line with the fishing mortality corresponding to the fishing opportunities fixed, based on scientific advice levels, through spatial or technical measures, or a combination thereof; such plans shall be assessed no later than two months following their implementation, by the STECF in the case of Member States or by the relevant national scientific body in the case of third countries, and, where deemed necessary, further revised if such assessments find that the objective of the national cod avoidance plan will not be met.

4.   Member States shall enhance the monitoring, control and surveillance of vessels referred to in paragraph 2 in order to ensure compliance with the conditions laid down in paragraph 3.

5.   This Article shall not apply to fishing operations conducted for the exclusive purpose of scientific investigations, provided that those investigations are carried out in compliance with Article 25 of Regulation (EU) 2019/1241.

Article 17 Remedial measures for cod in the Kattegat

1.   Union vessels fishing in the Kattegat with bottom trawls  ( 31 ) with minimum mesh size of 70 mm shall use one of the following selective gears:

(a)

sorting grid with maximum 35 mm bar spacing, with an unblocked fish outlet;

(b)

sorting grid with maximum 50 mm bar spacing separating flatfish and roundfish, with an unblocked fish outlet for roundfish;

(c)

Seltra panel with 300 mm square-mesh size;

(d)

regulated highly selective gear, the technical attributes of which result, according to a scientific study assessed by the STECF, in catches of less than 1,5 % of cod, provided it is the only gear that the vessel carries on board.

2.   Union vessels participating in a project run by a Member State and having functioning equipment for fully documented fisheries may use a gear in accordance with Part B of Annex V to Regulation (EU) 2019/1241. The Member State in question shall communicate a list of such vessels to the Commission.

3.   This Article shall not apply to fishing operations conducted for the exclusive purpose of scientific investigations, provided that those investigations are carried out in compliance with Article 25 of Regulation (EU) 2019/1241.

Article 18 Prohibited species

1.   Union fishing vessels shall not fish for, retain on board, tranship or land the following species:

(a)

starry ray ( Amblyraja radiata ) in Union waters of ICES divisions 2a, 3a and 7d, and ICES subarea 4;

(b)

splendid alfonsino ( Beryx splendens ) in NAFO subarea 6;

(c)

leafscale gulper shark ( Centrophorus squamosus ) in Union waters of ICES division 2a and ICES subarea 4, and in Union and international waters of ICES subareas 1 and 14;

(d)

Portuguese dogfish ( Centroscymnus coelolepis ) in Union waters of ICES division 2a and ICES subarea 4, and in Union and international waters of ICES subareas 1 and 14;

(e)

kitefin shark ( Dalatias licha ) in Union waters of ICES division 2a and ICES subarea 4, and in Union and international waters of ICES subareas 1 and 14;

(f)

birdbeak dogfish ( Deania calcea ) in Union waters of ICES division 2a and ICES subarea 4, and in Union and international waters of ICES subareas 1 and 14;

(g)

common skate ( Dipturus batis ) complex ( Dipturus cf. flossada and Dipturus cf. intermedia ) in Union waters of ICES division 2a and ICES subareas 3, 4, 6, 7, 8, 9 and 10;

(h)

great lanternshark ( Etmopterus princeps ) in Union waters of ICES division 2a and ICES subarea 4, and in Union and international waters of ICES subareas 1 and 14;

(i)

tope shark ( Galeorhinus galeus ) when taken with longlines in Union waters of ICES division 2a and ICES subarea 4, and in Union and international waters of ICES subareas 1, 5, 6, 7, 8, 12 and 14;

(j)

porbeagle ( Lamna nasus ) in all waters;

(k)

thornback ray ( Raja clavata ) in Union waters of ICES division 3a;

(l)

undulate ray ( Raja undulata ) in Union waters of ICES subareas 6 and 10;

(m)

whale shark ( Rhincodon typus ) in all waters;

(n)

common guitarfish ( Rhinobatos rhinobatos ) in the Mediterranean;

(o)

picked dogfish ( Squalus acanthias ) in Union waters of ICES subareas 2, 3, 4, 5, 6, 7, 8, 9 and 10, except in the context of avoidance programmes as set out in Annex IA.

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

Article 19 Data transmission

When Member States submit to the Commission data relating to landings and fishing effort pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, they shall use the stock codes set out in Annex I to this Regulation.

Article 20 Fishing authorisations

1.   The maximum numbers of fishing authorisations for Union fishing vessels in third-country waters, where applicable, are set out in Part A of Annex V.

2.   Where one Member State transfers quota to another in the fishing areas set out in Part A of Annex V to this Regulation in accordance with Article 16(8) of Regulation (EU) No 1380/2013, the transfer shall include an appropriate transfer of fishing authorisations and be notified to the Commission. The total number of authorisations for each fishing area, as set out in Part A of Annex V to this Regulation, shall not be exceeded.

Article 21 Quota transfers and exchanges

1.   Where the rules of a regional fisheries management organisation (RFMO) permit quota transfers or exchanges between the Contracting Parties to that RFMO, a Member State (‘the Member State concerned’) may discuss with a Contracting Party to that RFMO and establish a possible outline of an intended quota transfer or exchange, as appropriate. The Member State concerned shall notify the Commission of the outline.

2.   On being notified in accordance with paragraph 1, the Commission may endorse the outline of the intended quota transfer or exchange. If the Commission endorses the outline, it shall express, without undue delay, the consent to be bound by the intended quota transfer or exchange. It shall notify the secretariat of the RFMO of the transfer or exchange in accordance with the rules of that RFMO.

3.   The Commission shall inform the Member States of any agreed quota transfer or exchange.

4.   The fishing opportunities received or transferred by the Member State concerned under the quota transfer or exchange shall be deemed to be quotas added to, or deducted from, its allocation as of the moment when the transfer or exchange takes effect under the terms of the agreement with the relevant Contracting Party to the RFMO or in accordance with the rules of the relevant RFMO, as appropriate. Such transfers and exchanges shall not affect the distribution key for allocating fishing opportunities among Member States in accordance with the principle of relative stability of fishing activities.

5.   This Article shall apply until 31 January 2023 for quota transfers from a RFMO Contracting Party to the Union and their subsequent allocation to Member States.

Article 22 Closures for redfish in the Irminger Sea

All fishing activities shall be prohibited in the area bounded by following coordinates measured according to the WGS84 system:

Latitude

Longitude

63° 00'

-30° 00'

61° 30'

-27° 35'

60° 45'

-28° 45'

62° 00'

-31° 35'

63° 00'

-30° 00'

Article 23 Fishing, farming and fattening capacity limitations

1.   The number of Union bait boats and trolling boats authorised to fish actively for bluefin tuna ( Thunnus thynnus ) 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 VI.

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 VI.

3.   The number of Union fishing 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 VI.

4.   The number 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 VI.

5.   The number of traps engaged in bluefin tuna fishery in the eastern Atlantic and Mediterranean shall be limited as set out in point 5 of Annex VI.

6.   The bluefin tuna total farming and fattening capacity and the maximum input of wild-caught bluefin tuna allocated to farms in the eastern Atlantic and Mediterranean shall be limited as set out in point 6 of Annex VI.

7.   The maximum number of Union fishing vessels authorised to fish for northern albacore ( Thunnus alalunga ) as a target species in accordance with Article 12 of Council Regulation (EC) No 520/2007  ( 32 ) shall be limited as set out in point 7 of Annex VI to this Regulation.

8.   The maximum number of Union fishing vessels of at least 20 m length fishing for bigeye tuna ( Thunnus obesus ) in the ICCAT Convention Area shall be limited as set out in point 8 of Annex VI.

Article 24 Recreational fisheries

Where appropriate, Member States shall allocate a specific share from their allocated quotas to recreational fisheries, as set out in Annex ID.

Article 25 Sharks

1.   It shall be prohibited to retain on board, tranship or land any part or whole carcass of bigeye thresher sharks ( Alopias superciliosus ) caught in any fishery.

2.   It shall be prohibited to engage in directed fishery for species of thresher sharks of the Alopias genus.

3.   It shall be prohibited to retain on board, tranship or land any part or whole carcass of hammerhead sharks of the Sphyrnidae family (except Sphyrna tiburo ) caught in fisheries in the ICCAT Convention Area.

4.   It shall be prohibited to retain on board, tranship or land any part or whole carcass of oceanic whitetip sharks ( Carcharhinus longimanus ) caught in any fishery.

5.   It shall be prohibited to retain on board silky sharks ( Carcharhinus falciformis ) caught in any fishery.

6.   It shall be prohibited to retain on board, tranship or land any part or whole carcass of North Atlantic shortfin mako ( Isurus oxyrinchus ) caught in fisheries in the ICCAT Convention Area.

Article 26 FADs for tropical tunas

1.   It shall be prohibited to use FADs in the ICCAT Convention Area from 1 January to 13 March 2022.

2.   During the 15 days before the start of the period referred to in paragraph 1, Member States shall ensure that their vessels do not deploy FADs. Each vessel shall have no more than 300 FADs with operational buoys deployed at any time in the ICCAT Convention Area.

3.   Member States shall report to the Commission historical data on fishing gear set around FADs by their purse-seine vessels by 30 June 2022. If a Member State does not report those data by that date, vessels flying its flag shall not set fishing gear around FADs until the Commission receives those data from that Member State for further reporting to ICCAT.

Article 27 Exploratory fisheries notifications for toothfish

Member States may participate in longline exploratory fisheries for toothfish ( Dissostichus spp.) in FAO subareas 88.1 and 88.2 as well as in FAO divisions 58.4.1, 58.4.2 and 58.4.3a outside areas of national jurisdiction in 2022. Member States intending to do so shall notify the CCAMLR Secretariat in accordance with Articles 7 and 7a of Regulation (EC) No 601/2004 no later than 1 June 2022.

Article 28 Limits on exploratory fisheries for toothfish

1.   Fishing for toothfish in the 2021–2022 fishing season shall be limited to the Member States, subareas and number of vessels set out in Table A in Annex VII, and the TACs and by-catch limits set out in Table B in that Annex shall apply.

2.   Direct fishing of shark species for purposes other than scientific research shall be prohibited. Any by-catch of shark, especially juveniles and gravid females, taken accidentally in the toothfish fishery shall be released alive.

3.   Where applicable, fishing in any small-scale research unit (SSRU) shall cease when the reported catch reaches the specified TAC, and the SSRU shall be closed to fishing for the remainder of the fishing season.

4.   Fishing shall take place over as large a geographical and bathymetric range as possible, so as to obtain the information necessary to determine fishery potential and avoid an over-concentration of catch and fishing effort. However, fishing in FAO subareas 48.6 and 88.1 as well as in FAO division 58.4.3a, where permitted under Article 27, shall be prohibited in depths of less than 550 m.

Article 29 Krill fishery during the 2021–2022 fishing season

1.   Member States intending to fish for krill ( Euphausia superba ) in the CCAMLR Convention Area during the 2021–2022 fishing season shall notify the Commission thereof no later than 1 May 2022, using the form in Part B of the Appendix to Annex VII. 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 2022.

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 to participate in the krill fishery.

3.   A Member State intending to fish for krill in the CCAMLR Convention Area shall notify its intention to do so only in respect of authorised vessels that, at the time of the notification:

(a)

are flying its flag; or

(b)

are flying the flag of another CCAMLR member and are expected to be flying the flag of that Member State at the time the fishery takes place.

4.   Where an authorised vessel notified to the CCAMLR Secretariat in accordance with paragraphs 1, 2 and 3 is prevented from participating in a krill fishery due to legitimate operational reasons or force majeure , the Member State concerned may authorise its replacement by another vessel. In such a case, the Member State concerned shall immediately inform the CCAMLR Secretariat and the Commission, providing:

(a)

full details of the intended replacement vessel(s), including the information provided for in Article 3 of Regulation (EC) No 601/2004; and

(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 placed on any CCAMLR illegal, unreported and unregulated (IUU) fishing vessel list to participate in krill fisheries.

Article 30 Limitation of fishing capacity of vessels fishing in the IOTC Area of Competence

1.   The maximum number of Union fishing vessels fishing for tropical tunas in the IOTC Area of Competence and the corresponding capacity in gross tonnage shall be as set out in point 1 of Annex VIII.

2.   The maximum number of Union fishing vessels fishing for swordfish ( Xiphias gladius ) and albacore in the IOTC Area of Competence and the corresponding capacity in gross tonnage shall be as set out in point 2 of Annex VIII.

3.   Member States may reallocate vessels assigned to one of the fisheries referred to in paragraphs 1 and 2 to the other fishery, provided that they can demonstrate to the Commission that such change does not lead to an increase of fishing effort in respect of the fish stocks in question.

4.   Where a transfer of capacity to the fleet of a Member State is proposed, that Member State shall ensure that vessels to be transferred are on the IOTC record of authorised vessels or on the record of vessels of other RFMOs managing tuna fisheries. Vessels that appear on any RFMO’s list of vessels that have engaged in IUU fishing activities may not be transferred.

5.   Member States may increase their fishing capacity beyond the ceilings referred to in paragraphs 1 and 2 only within the limits set out in the development plans submitted to the IOTC.

Article 31 Drifting FADs and supply vessels

1.   Drifting FADs shall be equipped with instrumented buoys. The use of any other buoys, such as radio buoys, shall be prohibited.

2.   A purse-seine vessel shall follow no more than 300 operational buoys at any time.

3.   No more than 500 instrumented buoys shall be acquired annually for each purse-seine vessel. No purse-seine vessel shall have more than 500 instrumented buoys (in stock and operational) at any time.

4.   No more than two supply vessels shall operate in support of no less than five purse-seine vessels, all flying the flag of a Member State. This provision shall not apply to Member States using only one supply vessel.

5.   A single purse-seine vessel shall not be supported by more than one supply vessel flying the flag of a Member State at any time.

6.   The Union shall not register new or additional supply vessels in the IOTC record of authorised vessels.

Article 32 Sharks

1.   It shall be prohibited to retain on board, tranship or land any part or whole carcass of thresher sharks of all species of the Alopiidae family in any fishery.

2.   It shall be prohibited to retain on board, tranship or land any part or whole carcass of oceanic whitetip sharks ( Carcharhinus longimanus ) in any fishery, except for vessels under 24 m overall length engaged solely in fishing operations in their flag Member State’s exclusive economic zone, provided that their catch is destined solely for local consumption.

3.   When accidentally caught, specimens of the species referred to in paragraphs 1 and 2 shall not be harmed and shall be promptly released.

Article 33 Mobulid rays

1.   Union fishing vessels shall not fish for mobulid rays ( Mobulidae family, including the genera Manta and Mobula ) and shall not retain on board, tranship, land, store, offer for sale or sell any part or whole carcass of mobulid rays, except where the fish caught are consumed directly by the fishers’ families (‘subsistence fishery’).

However, mobulid rays that are unintentionally caught through artisanal fishing (fisheries other than surface fisheries, i.e. purse seines, pole and line, gillnet fisheries, handline and trolling vessels, or longline fisheries undertaken by vessels registered in the IOTC record of authorised vessels) may be landed for purposes of local consumption.

2.   All fishing vessels, other than those engaged in subsistence fishery, shall promptly release mobulid rays alive and unharmed, to the extent practicable, as soon as they are seen in the net, on the hook or on the deck, in a manner that will result in the least possible harm to those specimens.

Article 34 Pelagic fisheries

1.   Only those Member States that have actively exercised pelagic fisheries activities in the SPRFMO Convention Area in 2007, 2008 or 2009 may fish for pelagic stocks in that area in accordance with the TACs set out in Annex IH.

2.   The Member States referred to in paragraph 1 shall limit the total gross tonnage of vessels flying their flag and fishing for pelagic stocks in 2022 to the total Union level of 78 600 gross tonnage in that area.

3.   The Member States referred to in paragraph 1 may use the fishing opportunities set out in Annex IH only if they send the following information to the Commission by the fifteenth day of the following month, so that the Commission can communicate it to the SPRFMO Secretariat:

(a)

list of vessels actively fishing or engaged in transhipment in the SPRFMO Convention Area;

(b)

monthly catch reports.

Article 35 Purse-seine fisheries

1.   Purse-seine vessels shall not fish for yellowfin tuna ( Thunnus albacares ), bigeye tuna or skipjack tuna ( Katsuwonus pelamis ):

(a)

from 00.00 hours on 29 July 2022 to 24.00 hours on 8 October 2022 or from 00.00 hours on 9 November 2022 to 24.00 hours on 19 January 2023 in the area defined by the following limits:

—

the Pacific coastlines of the Americas,

—

longitude 150 o W,

—

latitude 40 o N,

—

latitude 40 o S;

(b)

from 00.00 hours on 9 October 2022 to 24.00 hours on 8 November 2022 in the area defined by the following limits:

—

longitude 96 o W,

—

longitude 110 o W,

—

latitude 4 o N,

—

latitude 3 o S.

2.   For each of the vessels referred to in paragraph 1 and flying the flag of a Member State, that flag Member State shall inform the Commission before 1 April 2022 which of the closure periods referred to in paragraph 1, point (a), the vessel has selected.

3.   Purse-seine vessels fishing for tuna in the IATTC Convention Area shall retain on board and then tranship or land all yellowfin, bigeye and skipjack tuna that they catch.

4.   Paragraph 3 shall not apply:

(a)

where the fish is considered unfit for human consumption for reasons other than size;

(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 36 Drifting FADs

1.   A purse-seine vessel shall have no more than 400 FADs active at any time in the IATTC Convention Area. A FAD shall be considered active when it is deployed at sea, starts transmitting its location and is being tracked by the vessel, its owner or operator. A FAD shall be activated only on board a purse-seine vessel.

2.   During the 15 days before the start of the closure period selected in accordance with Article 35(1), point (a), a purse-seine vessel shall, in the IATTC Convention Area:

(a)

refrain from deploying FADs;

(b)

recover the same number of FADs as initially deployed.

Article 37 Catch limits for bigeye tuna in longline fisheries

The total annual catches of bigeye tuna in the IATTC Convention Area by each Member State’s longline vessels are set out in Annex IL.

Article 38 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, tranship, land, store, offer for sale or sell any part or whole carcass of oceanic whitetip sharks caught in that area.

2.   When accidentally caught, specimens of oceanic whitetip sharks shall not be harmed and shall be promptly released by vessel operators.

3.   Vessel operators shall record the number of releases with indication of status (dead or alive) and report that information to the Member State of which they are nationals.

Member States shall transmit that information collected during the previous year to the Commission by 31 January.

Article 39 Prohibition of fishing for mobulid rays

Union fishing vessels in the IATTC Convention Area shall not fish for mobulid rays ( Mobulidae family, including the genera Manta and Mobula ) and shall not retain on board, tranship, land, store, offer for sale or sell any part or whole carcass of mobulid rays caught in that area. As soon as they notice that mobulid rays have been caught, they shall promptly release them, where possible alive and unharmed.

Article 40 Prohibition of fishing for deep-water sharks

Directed fishing for the following deep-water sharks in the SEAFO Convention Area shall be prohibited:

(a)

ghost catshark ( Apristurus manis );

(b)

blurred smooth lanternshark ( Etmopterus bigelowi );

(c)

shorttail lanternshark ( Etmopterus brachyurus );

(d)

great lanternshark ( Etmopterus princeps );

(e)

smooth lanternshark ( Etmopterus pusillus );

(f)

skates ( Rajidae );

(g)

velvet dogfish ( Scymnodon squamulosus );

(h)

deep-sea sharks of the Selachimorpha super-order;

(i)

picked dogfish ( Squalus acanthias ).

Article 41 Conditions for bigeye tuna, yellowfin tuna, skipjack tuna and South Pacific albacore fisheries

1.   Member States shall ensure that no more than 403 fishing days are 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 located in the high seas between 20° N and 20° S.

2.   Union fishing 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 in 2022 do not exceed the limits set out in the table in Annex IG.

Article 42 Management of fishing with FADs

1.   In the part of the WCPFC Convention Area located between 20° N and 20° S, purse-seine vessels shall not deploy, service or set nets on FADs between 00.00 hours on 1 July 2022 and 24.00 hours on 30 September 2022.

2.   In addition to the prohibition in paragraph 1, it shall be prohibited to set nets on FADs on the high seas of the WCPFC Convention Area located between 20° N and 20° S for an additional two months, either from 00.00 hours on 1 April 2022 to 24.00 hours on 31 May 2022, or from 00.00 hours on 1 November 2022 to 24.00 hours on 31 December 2022.

3.   Each Member State shall ensure that none of its purse-seine vessels deploy at sea, at any time, more than 350 FADs with activated instrumented buoys. Buoys shall be activated exclusively on board a vessel.

Article 43 Prohibition on discards of tropical tunas caught by purse seiners

1.   All purse-seine vessels fishing in the part of the WCPFC Convention Area located between 20° N and 20° S shall retain on board, tranship and land all bigeye, yellowfin and skipjack tuna that they catch.

2.   Paragraph 1 shall not apply in the following cases:

(a)

in the final set of a trip, if the vessel has insufficient remaining well space to accommodate all fish;

(b)

where the fish is unfit for human consumption for reasons other than size;

(c)

in the event of a serious malfunction of freezer equipment.

Article 44 Maximum number of Union fishing vessels authorised to fish for swordfish

The maximum number of Union fishing vessels authorised to fish for swordfish ( Xiphias gladius ) in areas of the WCPFC Convention Area south of 20° S shall be as set out in Annex IX.

Article 45 Catch limits for swordfish in longline fisheries south of 20° S

Member States shall ensure that catches of swordfish ( Xiphias gladius ) south of 20° S by longliners in 2022 do not exceed the limit set out in Annex IG. They shall also ensure that this does not result in a shift of the fishing effort for swordfish to the area north of 20° S.

Article 46 Silky sharks and oceanic whitetip sharks

1.   It shall be prohibited to retain on board, tranship, land or store any part or whole carcass of the following species in the WCPFC Convention Area:

(a)

silky sharks ( Carcharhinus falciformis );

(b)

oceanic whitetip sharks ( Carcharhinus longimanus ).

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

Article 47 Overlap area between the IATTC and WCPFC Convention Areas

1.   Vessels listed only in the WCPFC register shall apply the measures set out in this Section when fishing in the overlap area between the IATTC and WCPFC Convention Areas.

2.   Vessels listed in both the WCPFC register and the IATTC register and vessels listed only in the IATTC register shall apply the measures set out in Article 35(1), point (a), Article 35(2), (3) and (4), and Articles 36, 37 and 38 when fishing in the overlap area between the IATTC and WCPFC Convention Areas.

Article 48 Prohibition on fishing in the high seas of the Bering Sea

It shall be prohibited to fish for pollock ( Gadus chalcogrammus ) in the high seas of the Bering Sea.

Article 49 Limits to bottom fishing

Member States shall ensure that vessels flying their flag that are fishing in the SIOFA Agreement Area:

(a)

limit their annual bottom fishing effort and catch to their average annual level of a representative period in which they were active in that area and for which data declared to the Commission exists;

(b)

do not expand the spatial distribution of bottom fishing effort, apart from longline and trap methods, beyond areas fished in recent years;

(c)

are not authorised to fish in the interim protected areas of Atlantis Bank, Coral, Fools Flat, Middle of What and Walter’s Shoal, as defined in Annex IK, except with longline and trap methods and on condition of having a scientific observer on board at all times while fishing in those areas.

Article 50 Fishing vessels flying the flag of Norway and fishing vessels registered in the Faroe Islands

Fishing vessels flying the flag of Norway and fishing vessels registered in the Faroe Islands may be authorised to fish in Union waters subject to the TACs set out in Annex I to this Regulation and subject to the conditions provided for in this Regulation and Title III of Regulation (EU) 2017/2403.