Council Regulation (EU) No 53/2010 of 14 January 2010 fixing for 2010 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in waters where catch limitations are required and amending Regulations (EC) No 1359/2008, (EC) No 754/2009, (EC) No 1226/2009 and (EC) No 1287/2009 (c. 53)

1. Introductory Text

2. TITLE I SCOPE AND DEFINITIONS

   1. Article 1. Subject matter

   2. Article 2. Scope

   3. Article 3. Definitions

   4. Article 4. Fishing zones

3. TITLE II FISHING OPPORTUNITIES FOR EU VESSELS

   1. CHAPTER I General provisions

      1. Article 5. Catch limits and allocations

      2. Article 6. Prohibited species

      3. Article 7. Special provisions on allocations

      4. Article 8. Fishing effort limits

      5. Article 9. Catch and effort limits deep-sea fisheries

      6. Article 10. Conditions for landing catches and by-catches

      7. Article 11. Restrictions on the use of certain fishing opportunities

      8. Article 12. Unsorted landings in ICES zones IIIa, IV and VIId and EU waters of ICES zone IIa

      9. Article 13. Data transmission

   2. CHAPTER II Fishing authorisation in third-country waters

      1. Article 14. Fishing authorisations

   3. CHAPTER III Fishing opportunities in waters of regional fisheries management organisations

      1. Section 1 ICCAT convention Area

         1. Article 15. Fishing and farming and fattening capacity limitations for bluefin tuna

         2. Article 16. Additional conditions to the bluefin tuna quota allocated in Annex ID

         3. Article 17. Recreational and sport fisheries

         4. Article 18. Sharks

      2. Section 2 CCAMLR convention Area

         1. Article 19. Prohibitions and catch limitations

         2. Article 20. Exploratory fisheries

         3. Article 21. Krill fishery during the 2010/2011 fishing season

         4. Article 22. Closure of all fisheries

      3. Section 3 IOTC Area

         1. Article 23. Limitation of fishing capacity of vessels fishing in the IOTC Area

      4. Section 4 SPRFMO convention Area

         1. Article 24. Pelagic fisheries – capacity limitation

         2. Article 25. Pelagic fisheries - catch limits

         3. Article 26. Bottom fisheries

      5. Section 5 IATTC convention Area

         1. Article 27. Purse-seine fisheries

      6. Section 6 SEAFO convention Area

         1. Article 28. Measures for the protection of deep water sharks

      7. Section 7 WCPFC convention Area

         1. Article 29. Fishing effort limitations for bigeye tuna, yellowfin tuna, skipjack tuna and south Pacific albacore

         2. Article 30. Closed area for FAD fishing

         3. Article 30a. Closed areas for purse-seine fisheries

         4. Article 31. Limitations to the number of vessels authorised to fish swordfish

      8. Section 8 Bering Sea

         1. Article 32. Prohibition to fish in the high seas of the Bering...

4. TITLE III FISHING OPPORTUNITIES FOR THIRD-COUNTRY VESSELS IN EU WATERS

   1. Article 33. Catch limits

   2. Article 34. Fishing authorisations

   3. Article 35. Prohibited species

5. TITLE IV FINAL PROVISIONS

   1. Article 36. Amendment of Regulation (EC) No 1359/2008

   2. Article 37. Amendment of Regulation (EC) No 754/2009

   3. Article 38. Amendment of Regulation (EC) No 1226/2009

   4. Article 39. Amendment of Regulation (EC) No 1287/2009

   5. Article 40. Entry into force and application

6. Signature

7. 1. ANNEX I

      CATCH LIMITS APPLICABLE TO EU VESSELS IN AREAS WHERE CATCH LIMITS EXIST AND FOR THIRD-COUNTRY VESSELS IN EU WATERS, BY SPECIES AND BY AREA (iN TONNES LIVE WEIGHT, EXCEPT WHERE OTHERWISE SPECIFIED)

      1. All catch limits set out in this Annex shall be...

      2. The references to fishing zones are references to ICES zones,...

      3. Within each area, fish stocks are referred to following the...

      4. The following table of correspondences of common names and Latin...

      5. ANNEX IA

         Skagerrak, Kattegat, ICES zones I, II, III, IV, V, VI, VII, VIII, IX, X, XII and XIV, EU waters of CECAF, French Guyana waters

      6. ANNEX IB

         NORTH-EAST ATLANTIC AND GREENLAND

      7. ANNEX IC

         NORTH WEST ATLANTIC

         1. All TACs and associated conditions are adopted in the framework...

      8. ANNEX ID

         HIGHLY MIGRATORY FISH – All areas

         1. TACs in this area are adopted in the framework of...

      9. ANNEX IE

         ANTARCTIC

         1. These TACs, adopted by CCAMLR, are not allocated to the...

      10. ANNEX IF

          SOUTH-EAST ATLANTIC OCEAN

          1. These TACs are not allocated to the members of SEAFO...

      11. ANNEX IG

          SOUTHERN BLUEFIN TUNA – All areas

      12. ANNEX IH

          WCFPC area

      13. ANNEX IJ

          SPRFMO Convention Area

      14. Appendix to annex I

          1. 1. Cod selectivity in the North Sea and Skagerrak

             1. 1.1. Member States shall take measures to distribute, in the course...

             2. 1.2. Member States shall adapt the use of the gears mentioned...

             3. 1.3. If, at the end of any of the first three...

             4. 1.4. Within one month from the end of the quarter in...

             5. 1.5. Where the cod quota of a Member State has been...

             6. 1.6. Notwithstanding point 1.5, Member States may also apply the measures...

             7. 1.7. Notwithstanding points 1.3 and 1.5, Member States may also apply...

          2. 2. Cod selectivity in Eastern Channel

             1. 2.1. Member States shall take measures to distribute, in the course...

             2. 2.2. Member States shall adapt the use of the gears mentioned...

             3. 2.3. If, at the end of any of the second and...

             4. 2.4. On request from the Commission, Member States shall inform the...

   2. ANNEX IIA

      FISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE MANAGEMENT OF CERTAIN STOCKS IN ICES ZONES IIIa, IV, VIa, VIIa, VIId, AND EU WATERS OF ICES ZONES IIa AND Vb

      1. 1. Scope

         1. 1.1. This Annex shall apply to EU vessels carrying on board...

         2. 1.2. This Annex shall not apply to vessels of less than...

      2. 2. Regulated gears and geographical areas

      3. 3. Maximum allowable fishing effort

         1. 3.1. The maximum allowable effort referred to in Article 12(1) of...

         2. 3.2. The maximum levels of annual fishing effort set in accordance...

      4. 4. Member States' obligations

         1. 4.1. Member States shall manage the maximum allowable effort in accordance...

         2. 4.2. Article 28 of Regulation (EC) No 1224/2009 shall apply to...

      5. 5. Allocation of fishing effort

         1. 5.1. If a Member State deems so appropriate in order to...

         2. 5.2. A Member State may establish management periods for allocating all...

         3. 5.3. If a Member State authorises vessels to be present within...

      6. 6. Communication of relevant data

         1. 6.1. Without prejudice to Articles 33 and 34 of Regulation (EC)...

         2. 6.2. The data shall be sent to the appropriate electronic mailbox...

      7. Appendix 1 to annex IIA

         Maximum allowable fishing effort in kilowatt days

      8. Appendix 2 to annex IIA

   3. ANNEX IIB

      FISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE RECOVERY OF CERTAIN SOUTHERN HAKE AND NORWAY LOBSTER STOCKS IN ICES DIVISIONS VIIIc AND IXa EXCLUDING THE GULF OF CADIZ

      1. 1. Scope

      2. 2. Definitions

      3. 3. Vessels concerned by fishing effort limitations

         1. 3.1. A Member State shall not authorise fishing with a regulated...

         2. 3.2. A vessel flying the flag of a Member State having...

      4. 4. General obligations and limitation in activity

         1. 4.1. Member States shall manage the maximum allowable effort in accordance...

         2. 4.2. Each Member State shall ensure that, when carrying on board...

         3. 4.3. Article 28 of Regulation (EC) No 1224/2009 shall apply to...

      5. NUMBER OF DAYS PRESENT WITHIN THE AREA ALLOCATED TO EU...

         1. 5. Maximum number of days

            1. 5.1. During the 2010 management period, the maximum number of days...

            2. 5.2. For the purposes of fixing the maximum number of days...

            3. 5.3. The special condition referred to in point 5.2 might be...

            4. 5.4. A Member State may manage its fishing effort allocations according...

            5. 5.5. A Member State wishing to benefit from point 5.4 shall...

         2. 6. Management periods

            1. 6.1. A Member State may divide the days present within the...

            2. 6.2. The number of days or hours for which a vessel...

         3. 7. Allocation of additional days for permanent cessation of fishing activities...

            1. 7.1. An additional number of days at sea on which a...

            2. 7.2. Member States wishing to benefit from the allocations referred to...

            3. 7.3. On the basis of such a request the Commission may...

            4. 7.4. During the 2010 management period, a Member State may re-allocate...

            5. 7.5. A Member State may not reallocate in the 2010 management...

         4. 8. Allocation of additional days for enhanced observer coverage

            1. 8.1. Three additional days on which a vessel may be present...

            2. 8.2. Member States wishing to benefit from the allocations referred to...

            3. 8.3. On the basis of this description, and after consultation with...

            4. 8.4. If an enhanced observer coverage programme submitted by a Member...

         5. 9. Special conditions for the allocation of days

            1. 9.1. If a vessel has received an unlimited number of days...

            2. 9.2. The vessel shall not tranship any fish at sea to...

            3. 9.3. When either of these conditions is not met by a...

      6. EXCHANGES OF FISHING EFFORT ALLOCATIONS

         1. 10. Transfer of days between vessels flying the flag of a...

            1. 10.1. A Member State may permit any fishing vessel flying its...

            2. 10.2. The total number of days present within the area transferred...

            3. 10.3. The transfer of days as described in point 10.1 shall...

            4. 10.4. Transfer of days is only permitted for vessels benefiting from...

            5. 10.5. On request from the Commission, Member States shall provide information...

         2. 11. Transfer of days between fishing vessels flying the flag of...

      7. REPORTING OBLIGATIONS

         1. 12. Collection of relevant data

         2. 13. Communication of relevant data

   4. ANNEX IIC

      FISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE MANAGEMENT OF WESTERN CHANNEL SOLE STOCKS ICES ZONE VIIe

      1. GENERAL PROVISIONS

         1. 1. Scope

            1. 1.1. This Annex shall apply to EU vessels of 10 metres'...

            2. 1.2. Vessels fishing with static nets with mesh size equal to...

         2. 2. Fishing gear

         3. 3. General obligations and limitation in activity

            1. 3.1. Member States shall manage the maximum allowable effort in accordance...

            2. 3.2. Article 28 of Regulation (EC) No 1224/2009 shall apply to...

      2. IMPLEMENTATION OF FISHING EFFORT LIMITATIONS

         1. 4. Vessels concerned by fishing effort limitations

            1. 4.1. Vessels using gear types identified in point 2 and fishing...

            2. 4.2. A Member State shall not permit fishing with a gear...

            3. 4.3. However, a vessel with a track record of using a...

            4. 4.4. A vessel flying the flag of a Member State having...

         2. 5. Limitations in activity

      3. NUMBER OF DAYS PRESENT WITHIN THE AREA ALLOCATED TO EU...

         1. 6. Maximum number of days

            1. 6.1. During the 2010 management period, the maximum number of days...

            2. 6.2. During the 2010 management period, the number of days at...

            3. 6.3. During the 2010 management period, a Member State may manage...

            4. 6.4. A Member State wishing to benefit from point 6.3 shall...

         2. 7. Management periods

            1. 7.1. A Member State may divide the days present within the...

            2. 7.2. The number of days or hours for which a vessel...

         3. 8. Allocation of additional days for permanent cessations of fishing activities...

            1. 8.1. An additional number of days at sea on which a...

            2. 8.2. Member States wishing to benefit from the allocations referred to...

            3. 8.3. On the basis of such a request the Commission may...

            4. 8.4. During the 2010 management period, a Member State may re-allocate...

            5. 8.5. A Member State may not reallocate in the 2010 management...

         4. 9. Allocation of additional days for enhanced observer coverage

            1. 9.1. Three additional days on which a vessel may be present...

            2. 9.2. Member States wishing to benefit from the allocations referred to...

            3. 9.3. On the basis of this description, and after consultation with...

            4. 9.4. If an enhanced observer coverage programme submitted by a Member...

      4. EXCHANGES OF FISHING EFFORT ALLOCATIONS

         1. 10. Transfer of days between fishing vessels flying the flag of...

            1. 10.1. A Member State may permit any of its fishing vessels...

            2. 10.2. The total number of days present within the area, multiplied...

            3. 10.3. The transfer of days as described in point 10.1 shall...

            4. 10.4. On request from the Commission, Member States shall provide reports...

         2. 11. Transfer of days between fishing vessels flying the flag of...

      5. REPORTING OBLIGATIONS

         1. 12. Collection of relevant data

         2. 13. Communication of relevant data

   5. ANNEX IID

      FISHING OPPORTUNITIES FOR VESSELS FISHING FOR SANDEEL IN ICES ZONES IIa, IIIa AND IV

      1. 1. The conditions laid down in this Annex shall apply to...

      2. 2. The conditions laid down in this Annex shall apply to...

      3. 3. For the purposes of this Annex, a day present within...

      4. 4. Each Member State concerned shall maintain a data base containing...

      5. 5. Exploratory fishery relating to sandeel abundance shall start no earlier...

      6. 6. The TAC and quotas for sandeel in EU waters of...

      7. 7. If the TAC calculated in point 6 exceeds 400 000...

      8. 8. Commercial fishing with demersal trawl, seine or similar towed gears...

   6. ANNEX III

   7. ANNEX IV

      ICCAT CONVENTION AREA

      1. 1. Maximum number of EU bait boats and trolling boats authorised...

      2. 2. Maximum number of EU coastal artisanal fishing vessels authorised to...

      3. 3. Maximum number of EU vessels authorised to fish actively for...

      4. 4. Maximum number and total capacity in gross tonnage of fishing...

      5. 5. Maximum number of traps engaged in the eastern Atlantic and...

      6. 6. Maximum bluefin tuna farming capacity and fattening capacity for each...

   8. ANNEX V

      CCAMLR CONVENTION AREA

      1. Part A PROHIBITION OF DIRECTED FISHING IN CCAMLR CONVENTION AREA

      2. Part B CATCH AND BY-CATCH LIMITS FOR NEW AND EXPLORATORY FISHERIES IN THE CCAMLR CONVENTION AREA IN 2009/10

      3. Part C NOTIFICATION OF INTENT TO PARTICIPATE IN A FISHERY FOR EUPHAUSIA SUPERBA

      4. Part D NET CONFIGURATION AND USE OF FISHING TECHNIQUES

   9. ANNEX VI

      IOTC AREA

      1. 1. Maximum number of EU vessels authorised to fish for tropical...

      2. 2. Maximum number of EU vessels authorised to fish for swordfish...

      3. 3. The vessels referred to in point 1 shall also be...

      4. 4. The vessels referred to in point 2 shall also be...

   10. ANNEX VII

       WCPFC CONVENTION AREA

       1. Maximum number of EU vessels authorised to fish for swordfish...

   11. ANNEX VIII

       Quantitative limitations of fishing authorisations for third-country vessels fishing in EU waters