Section 1 — General provisions
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.
Section 2 — NEAFC Convention Area
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'
Section 3 — ICCAT Convention Area
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.
Recreational fisheries
Where appropriate, Member States shall allocate a specific share from their allocated quotas to recreational fisheries, as set out in Annex ID.
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.
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.
Section 4 — CCAMLR Convention Area
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.
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.
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.
Section 5 — IOTC Area of Competence
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.
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.
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.
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.
Section 6 — SPRFMO Convention Area
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.
Section 7 — IATTC Convention Area
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.
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.
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.
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.
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.
Section 8 — SEAFO Convention Area
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 ).
Section 9 — WCPFC Convention Area
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.
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.
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.
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.
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.
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.
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.
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.
Section 11 — SIOFA Agreement Area
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.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
