Council Regulation (EU) No 53/2010Show full title

TITLE II U.K. FISHING OPPORTUNITIES FOR EU VESSELS

CHAPTER I U.K. General provisions

Article 5 U.K. Catch limits and allocations

1. The catch limits for EU vessels in EU waters or in certain non-EU waters and the allocation of such catch limits among Member States and additional conditions in accordance with Article 2 of Regulation (EC) No 847/96 are set out in Annex I.

2. EU vessels are hereby authorised to make catches, within the quota limits set out in Annex I, in waters falling within the fisheries jurisdiction of the Faroe Islands, Greenland, Iceland and Norway, and the fishing zone around Jan Mayen, subject to the conditions set out in Article 12 of and Annex III to this Regulation and in Regulation (EC) No 1006/2008 and its implementing provisions.

3. The Commission shall fix the catch limits for the fisheries on sandeel in EU waters of ICES zones IIa, IIIa and IV according to the rules laid down in point 6 of Annex IID.

4. The Commission shall fix catch limits for capelin in Greenland waters of ICES zones V and XIV available to the Union at 7,7 % of the capelin TAC as soon as the TAC has been established.

5. Catch limits for the stock of Norway pout in EU waters of ICES zones IIa, IIIa and IV and for the stock of sprat in EU waters of ICES zones IIa and IV may be revised by the Commission in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002 in the light of scientific information collected during the first half of 2010.

6. As a consequence of a revision of the stock of Norway pout in accordance with paragraph 5, the catch limits for the stocks of whiting in EU waters of ICES zone IIa, IIIa and IV and for the stocks of haddock in EU waters of ICES zone IIa, III and IV may be revised by the Commission in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002 to take into account industrial by-catches in the Norway pout fishery.

7. The Commission may fix the catch limits for the stock of anchovy in ICES zone VIII in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002 in the light of scientific information collected during the first half of 2010.

Article 6 U.K. Prohibited species

It shall be prohibited for EU vessels to fish for, to retain on board, to tranship and to land the following species:

(a)

basking shark (Cetorhinus maximus) and white shark (Carcharodon carcharias) in all EU and non-EU waters;

(b)

angel shark (Squatina squatina) in all EU waters;

(c)

common skate (Dipturus batis) in EU waters of ICES zones IIa, III, IV, VI, VII, VIII, IX and X;

(d)

undulate ray (Raja undulata) and white skate (Rostroraja alba) in EU waters of ICES zones VI, VII, VIII, IX and X, and

(e)

porbeagle (Lamna nasus) in international waters.

Article 7 U.K. Special provisions on allocations

1. The allocation of fishing opportunities among Member States as set out in Annex I shall be without prejudice to:

(a) exchanges made pursuant to Article 20(5) of Regulation (EC) No 2371/2002;

(b) reallocations made pursuant to Article 21(3) of Regulation (EEC) No 2847/93 or pursuant to Article 10(4) of Regulation (EC) No 1006/2008;

(c) additional landings allowed under Article 3 of Regulation (EC) No 847/96;

(d) quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96;

(e) deductions made pursuant to Articles 105, 106 and 107 of Regulation (EC) No 1224/2009.

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

Article 8 U.K. Fishing effort limits

From 1 February 2010 to 31 January 2011, the fishing effort measures laid down in:

(a)

Annex IIA shall apply for the management of certain stocks in the Kattegat, the Skagerrak, that part of ICES zone IIIa not covered by the Skagerrak and the Kattegat, ICES zones IV, VIa, VIIa, VIId and EU waters of ICES zones IIa and Vb;

(b)

Annex IIB shall apply for the recovery of hake and Norway lobster in ICES zones VIIIc and IXa with the exception of the Gulf of Cádiz;

(c)

Annex IIC shall apply for the management of the sole stock in ICES zone VIIe;

(d)

Annex IID shall apply for the management of sandeel stocks in EU waters of ICES zones IIa, IIIa and IV.

Article 9 U.K. Catch and effort limits deep-sea fisheries

1. In addition to the catch limits laid down in Regulation (EC) No 1359/2008 of 28 November 2008 fixing for 2009 and 2010 the fishing opportunities for Community fishing vessels for certain deep-sea fish stocks(1), it shall be prohibited to catch and to retain on board, to tranship or to land any aggregate quantity of the deep-sea species and of Greenland halibut in excess of 100 kg in each sea trip, unless the vessel in question holds a deep-sea permit issued in accordance with Article 3 of Regulation (EC) No 2347/2002.

2. Member States shall ensure that fishing activities which lead to catches and retention on board of more than 10 tonnes each calendar year of deep-sea species and of Greenland halibut by vessels flying their flag and registered in their territory shall be subject to a deep-sea fishing permit.

3. Member States shall ensure that for 2010 the fishing effort levels, measured in kilowatt days absent from port, by vessels holding deep-sea fishing permits do not exceed 65 % of the average annual fishing effort deployed by the vessels of the Member State concerned in 2003 on trips when deep-sea fishing permits were held and/or deep-sea species, as listed in Annexes I and II to Regulation (EC) No 2347/2002, were caught. This paragraph shall apply only to fishing trips on which more than 100 kg of deep-sea species, other than greater silver smelt, were caught.

Article 10 U.K. Conditions for landing catches and by-catches

1. Fish from stocks for which catch limits are established shall be retained on board or landed only if:

(a) the catches have been taken by vessels of a Member State having a quota and that quota is not exhausted; or

(b) the catches consist of a share in a Union quota which has not been allocated by quota among Member States, and that Union quota has not been exhausted.

2. By way of derogation from paragraph 1, the following fish may be retained on board and landed even if a Member State has no quotas or the quotas or shares are exhausted:

(a) species, other than herring and mackerel, where

(i)

they are caught mixed with other species with nets whose mesh size is less than 32 mm in accordance with Article 4 of Regulation (EC) No 850/98; and

(ii)

the catches are not sorted either on board or on landing;

or

(b) mackerel, where

(i)

they are caught mixed with horse mackerel or pilchard;

(ii)

they do not exceed 10 % of the total weight of mackerel, horse mackerel and pilchard on board; and

(iii)

the catches are not sorted either on board or on landing.

3. All landings shall count against the quota or, if the Union quota has not been allocated between Member States by quotas, against the Union quota, except for catches made in accordance with paragraph 2.

4. The percentage of by-catches and their disposal shall be determined in accordance with Articles 4 and 11 of Regulation (EC) No 850/98.

Article 11 U.K. Restrictions on the use of certain fishing opportunities

During the period from 1 May to 31 July 2010 it shall be prohibited to fish for or retain on board any marine organisms other than herring, mackerel, pilchard/sardines, horse mackerel, sprat, blue whiting and argentines within the area bounded by rhumb lines sequentially joining the following positions:

Point	Latitude	Longitude
1	52o 27' N	12o 19' W
2	52o 40' N	12o 30' W
3	52o 47' N	12o 39,600' W
4	52o 47' N	12o 56' W
5	52o 13,5' N	13o 53,830' W
6	51o 22' N	14o 24' W
7	51o 22' N	14o 03' W
8	52o 10' N	13o 25' W
9	52o 32' N	13o 07,500' W
10	52o 43' N	12o 55' W
11	52o 43' N	12o 43' W
12	52o 38,800' N	12o 37' W
13	52o 27' N	12o 23' W
14	52o 27' N	12o 19' W

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

1. When catch limits of a Member State for herring in ICES zones IIIa, IV and VIId and EU waters of ICES zone IIa are exhausted, vessels flying the flag of that Member State, registered in the Union and operating within the fisheries to which the relevant catch limitations apply shall be prohibited from landing catches which are unsorted and which contain herring.

2. Member States shall ensure that an adequate sampling programme is in place allowing an efficient monitoring of unsorted landings by species caught in ICES zones IIIa, IV and VIId and EU waters of ICES zone IIa.

3. Unsorted catches in ICES zones IIIa, IV and VIId and EU waters of ICES zone IIa shall be landed only at ports and landing locations where a sampling programme as referred to in paragraph 2 is in place.

Article 13 U.K. Data transmission

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

CHAPTER II U.K. Fishing authorisation in third-country waters

Article 14 U.K. Fishing authorisations

1. The maximum number of fishing authorisations for EU vessels fishing in waters of a third country is set out in Annex III.

2. Where one Member State transfers quota to another Member State (swap) in the fishing areas set out in Annex III on the basis of Article 20(5) of Regulation (EC) No 2371/2002, the transfer shall include an appropriate transfer of fishing authorisations and shall be notified to the Commission. However, the total number of fishing authorisations for each fishing area, as set out in Annex III, shall not be exceeded.

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

Section 1 U.K. ICCAT convention Area

[F1 Article 15 U.K. Fishing and farming and fattening capacity limitations for bluefin tuna

1. The number of EU bait boats and trolling boats authorised to fish actively for bluefin tuna 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 IV.

2. The number of EU 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 IV.

3. The number of EU 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 IV.

4. The number and total capacity in gross tonnage 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 IV.

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

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

Textual Amendments

F1 Substituted by Council Regulation (EU) No 712/2010 of 26 July 2010 amending Regulation (EU) No 53/2010 as regards certain fishing opportunities and amending Regulation (EC) No 754/2009.

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

In addition to Article 7(2) of Regulation (EC) No 302/2009, purse-seine fishing for bluefin tuna shall be prohibited in the eastern Atlantic and Mediterranean during the period from 15 April to 15 May 2010.

Article 17 U.K. Recreational and sport fisheries

Member States shall allocate a specific quota of bluefin tuna for recreational and sport fisheries from their quotas allocated set out in Annex ID.

Article 18 U.K. Sharks

1. Retaining on board, transhipping or landing any part or whole carcass of bigeye thresher sharks (Alopias superciliosus) in any fishery shall be prohibited.

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

Section 2 U.K. CCAMLR convention Area

Article 19 U.K. Prohibitions and catch limitations

1. Direct fishing of the species set out in Annex V, Part A, shall be prohibited in the zones and during the periods set out in that Annex.

2. For new and exploratory fisheries, the catch and by-catch limits set out in Annex V, Part B, shall apply in the subareas set out in that Part.

Article 20 U.K. Exploratory fisheries

1. Fishing vessels flying the flag of, and registered in a Member State that have been notified to CCAMLR in accordance with Articles 7 and 7a of Regulation (EC) No 601/2004 may participate in longline exploratory fisheries for Dissostichus spp. in FAO Subareas 88.1 and 88.2 as well as in Divisions 58.4.1 and 58.4.2 outside areas of national jurisdiction.

2. With regard to FAO Subareas 88.1 and 88.2 as well as Divisions 58.4.1 and 58.4.2 total catch and by-catch limits per subarea and division, and their distribution among Small Scale Research Units (SSRUs) within each of them, shall be as set out in Annex V, Part B. Fishing in any SSRU shall cease when the reported catch reaches the specified catch limit, and that SSRU shall be closed to fishing for the remainder of the season.

3. Fishing shall take place over as large a geographical and bathymetric range as possible to obtain the information necessary to determine fishery potential and to avoid over-concentration of catch and fishing effort. However, fishing in FAO Subareas 88.1 and 88.2 as well as in Divisions 58.4.1 and 58.4.2 shall be prohibited in depths less than 550 m.

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

1. Only those Member States which are Members of the CCAMLR Commission may fish for krill (Euphausia superba) in the CCAMLR Convention Area during the 2010/2011 fishing season. If such a Member State intends to fish for krill in the CCAMLR Convention Area, it shall notify the CCAMLR Secretariat and the Commission in accordance with Article 5a of Regulation (EC) No 601/2004 and in any case no later than 1 June 2010:

(a) of its intention to fish for krill, using the format laid down in Annex V, Part C;

(b) of the net configuration form, using the format laid down in Annex V, Part D.

2. The notification referred to in paragraph 1 shall include the information provided for in Article 3 of Regulation (EC) No 601/2004 for each vessel to be authorised by the Member State to participate in the krill fishery.

3. Member States intending to fish for krill in the CCAMLR Convention Area shall only notify authorised vessels flying its flag at the time of the notification.

4. Member States shall be entitled to authorise participation in a krill fishery by a vessel other than those notified to CCAMLR in accordance with paragraphs 1, 2 and 3, if an authorised vessel is prevented from participation due to legitimate operational reasons or force majeure. In such circumstances the Member State concerned shall immediately inform the CCAMLR Secretariat and the Commission, providing:

(a) full details of the intended replacement vessel(s) referred to in paragraph 2, including information provided for in Article 3 of Regulation (EC) No 601/2004;

(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 on either of the CCAMLR IUU Vessel Lists to participate in krill fisheries.

Article 22 U.K. Closure of all fisheries

1. Following notification by the CCAMLR Secretariat of the closure of a fishery due to the exhaustion of the TAC as set out in Annex IE, Member States shall ensure that all vessels flying their flag and fishing in the area, management area, subarea, division, SSRU or other management unit, subject to the closure notice, shall remove all their fishing gear from the water by the notified closure date and time.

2. On receipt of such notification by the vessel, no further longlines may be set within 24 hours of the notified date and time. If such notification is received less than 24 hours before the closure date and time, no further longlines may be set following receipt of that notification.

3. In the case of closure of the fishery referred to in paragraph 1, all vessels shall depart from the fishing area as soon as all fishing gear has been removed from the water.

4. Where a vessel is unable to remove all its fishing gear from the water by the notified closure date and time for reasons relating to:

(a) the safety of the vessel and crew;

(b) the limitations which may arise from adverse weather conditions;

(c) sea-ice cover; or

(d) the need to protect the Antarctic marine environment,

the vessel shall notify its flag Member State of the situation. The Member States shall promptly notify the CCAMLR Secretariat and the Commission. The vessel shall nonetheless make all reasonable efforts to remove all its fishing gear from the water as soon as possible.

5. If paragraph 4 applies, Member States shall carry out an investigation of the vessel’s actions and, according to its domestic procedures, report the CCAMLR Secretariat and the Commission of its findings no later than before the next CCAMLR meeting. The final report shall assess whether the vessel made all reasonable efforts to remove all its fishing gear from the water:

(a) by the notified closure date and time; and

(b) as soon as possible after the notification referred to in paragraph 4.

6. Where a vessel does not depart from the closed area as soon as all fishing gear has been removed from the water, the flag Member State shall ensure that the CCAMLR Secretariat and the Commission are informed.

Section 3 U.K. IOTC Area

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

1. The maximum number of EU vessels fishing for tropical tunas in the IOTC Area and the corresponding capacity in gross tonnage (GT) shall be as set out in point 1 of Annex VI.

2. The maximum number of EU vessels fishing for swordfish (Xiphias gladius) and albacore (Thunnus alalunga) in the IOTC Area and the corresponding capacity in GT shall be as set out in point 2 of Annex VI.

3. Member States may change the number of vessels referred to in paragraphs 1 and 2 by gear type provided that they can demonstrate to the Commission that this change does not lead to an increase of fishing effort on the fish stocks involved.

4. Member States shall ensure that, where there is a proposed transfer of capacity to their fleet, vessels to be transferred are on the IOTC Record of Vessels or on the record of vessels of other tuna regional fisheries organisations. No vessels featuring on the list of vessels engaged in illegal, unreported and unregulated fishing activities (IUU vessels) of any regional fisheries management organisation may be transferred.

5. In order to take into account the implementation of the development plans submitted to the IOTC, Member States may only increase the limitations of fishing capacity, as mentioned in this Article, within the limits set out in those development plans.

Section 4 U.K. SPRFMO convention Area

Article 24 U.K. Pelagic fisheries – capacity limitation

Member States having actively exercised pelagic fisheries activities in the SPRFMO Convention Area in 2007, 2008 or 2009 shall limit the total level of GT of vessels flying their flag and fishing for pelagic stocks in 2010 to the levels of total 78 610 GT in the SPRFMO Convention Area in such manner that sustainable exploitation of the pelagic fishery resources in South Pacific is ensured.

Article 25 U.K. Pelagic fisheries - catch limits

1. Only Member States having actively exercised pelagic fisheries activities in the SPRFMO Convention Area in the years 2007, 2008 or 2009, as referred to in Article 24, may fish for pelagic stocks in this Area in accordance with the catch limits set out in Annex IJ.

2. Member States shall notify the Commission on a monthly basis of the names and characteristics, including GT, of their vessels engaged in the fishery referred to in this Article.

3. For the purpose of monitoring the fishery referred to in this Article, Member States shall send to the Commission, for forwarding to the SPRFMO Interim Secretariat, records from vessel monitoring systems (VMS), monthly catch reports and, where available, port calls at the latest by the fifteenth day of the following month.

Article 26 U.K. Bottom fisheries

Member States shall limit bottom fishing effort or catch in the SPRFMO Convention Area to the average annual levels over the period from 1 January 2002 to 31 December 2006 in terms of the number of fishing vessels and other parameters that reflect the level of catch, fishing effort and fishing capacity and to only those parts of the SPRFMO Convention Area where bottom fisheries has occurred during the previous fishing season.

Section 5 U.K. IATTC convention Area

Article 27 U.K. Purse-seine fisheries

1. The fishing by purse-seine vessels for yellowfin tuna (Thunnus albacares), bigeye tuna (Thunnus obesus) and skipjack tuna (Katsuwonus pelamis) shall be prohibited:

(a) either from 29 July to 28 September 2010 or from 10 November 2010 to 18 January 2011 in the area defined by the following limits:

• (a) the Pacific coastlines of the Americas,

• longitude 150° W,

• latitude 40° N,

• latitude 40° S;

(b) from 29 September to 29 October 2010 in the area defined by the following limits:

• (b) longitude 94° W,

• longitude 110° W,

• latitude 3° N,

• latitude 5° S.

2. The Member States concerned shall notify the Commission of the selected period of closure referred to in paragraph 1(a) before 1 April 2010. All the purse-seine vessels of the Member States concerned shall stop purse-seine fishing in the defined area during the period selected.

3. Purse-seine vessels fishing for tuna in the IATTC Regulatory Area shall retain on board and then land all yellowfin, bigeye and skipjack tuna caught, except fish considered unfit for human consumption for reasons other than size. A single exception shall be the final set of a trip when there may be insufficient well space remaining to accommodate all the tuna caught in that set.

Section 6 U.K. SEAFO convention Area

Article 28 U.K. Measures for the protection of deep water sharks

Directed fishing for the following deep water sharks in the SEAFO Convention Area shall be prohibited: skates (Rajidae), spiny dogfish (Squalus acanthias), blurred smooth lanternshark (Etmopterus bigelowi), shorttail lanternshark (Etmopterus brachyurus), great lanternshark (Etmopterus princeps), smooth lanternshark (Etmopterus pusillus), ghost catshark (Apristurus manis), velvet dogfish (Scymnodon squamulosus) and deep-sea sharks of super-order Selachimorpha.

Section 7 U.K. WCPFC convention Area

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

Member States shall ensure that the total fishing effort for bigeye tuna (Thunnus obesus), yellowfin tuna (Thunnus albacares), skipjack tuna (Katsuwonus pelamis) and south Pacific albacore (Thunnus alalunga) in the WCPFC Convention Area is limited to the fishing effort provided for in fisheries partnership agreements between the Union and coastal States in the region.

Article 30 U.K. Closed area for FAD fishing

1. In the part of the WCPFC Convention Area located between 20° N and 20° S, fishing activities of purse-seine vessels making use of fish aggregating devices (FADs) shall be prohibited between 00:00 hours on 1 July 2010 and 24:00 hours on 30 September 2010. During this period, a purse-seine vessel may only engage in fishing operations within that part of the WCPFC Convention Area if it carries onboard an observer to monitor that at no time does the vessel:

(a) deploy or service a FAD or associated electronic device;

(b) fish on schools in association with FADs.

2. All purse-seine vessels fishing in the part of the WCPFC Convention Area referred to in paragraph 1 shall retain onboard and land or tranship all bigeye, yellowfin and skipjack tuna caught.

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

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

(b) where the fish is unfit for human consumption for reasons other than those connected with size; or

(c) when a serious malfunction of freezer equipment occurs.

[F2 Article 30a U.K. Closed areas for purse-seine fisheries

The fishing by purse-seine vessels for bigeye tuna and yellowfin tuna shall be prohibited in the following high seas areas:

(a)

the international waters enclosed by the boundaries of the exclusive economic zones of Indonesia, Palau, Micronesia and Papua New Guinea;

(b)

the international waters enclosed by the boundaries of the exclusive economic zones of Micronesia, Marshall Islands, Nauru, Kiribati, Tuvalu, Fiji, Solomon Islands and Papua New Guinea.]

Textual Amendments

F2 Inserted by Council Regulation (EU) No 219/2010 of 15 March 2010 amending Regulation (EU) No 53/2010 as regards the fishing opportunities for certain fish stocks and following the conclusion of the bilateral fisheries arrangements for 2010 with Norway and the Faroe Islands.

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

The maximum number of EU vessels authorised to fish for swordfish (Xiphias gladius) in areas south of 20° S of the WCPFC Convention Area shall be as indicated in Annex VII.

Section 8 U.K. Bering Sea

Article 32 U.K.

Prohibition to fish in the high seas of the Bering Sea

Fishing for pollock (Theragra chalcogramma) in the high seas of the Bering Sea shall be prohibited.

(1)

OJ L 352, 31.12.2008, p. 1.