Legal provisions of COM(2008)240 - Multi-annual plan for the stock of herring distributed to the West of Scotland and the fisheries exploiting that stock - Main contents
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dossier | COM(2008)240 - Multi-annual plan for the stock of herring distributed to the West of Scotland and the fisheries exploiting that stock. |
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document | COM(2008)240 |
date | December 18, 2008 |
Contents
- CHAPTER I - SUBJECT MATTER AND DEFINITIONS
- Article 1 - Subject matter
- Article 2 - Definitions
- CHAPTER II - OBJECTIVE AND TARGETS
- Article 3 - Objective and targets
- CHAPTER III - TOTAL ALLOWABLE CATCHES
- Article 4 - Setting of TACs
- Article 5 - Special fishing permit
- Article 6 - Cross-checks
- CHAPTER IV - FOLLOW-UP
- Article 7 - Revision of minimum fishing mortality rates
- Article 8 - Evaluation and review of the multi-annual plan
- CHAPTER V - FINAL PROVISIONS
- Article 9 - European Fisheries Fund
- Article 10 - Entry into force
CHAPTER I - SUBJECT MATTER AND DEFINITIONS
Article 1 - Subject matter
Article 2 - Definitions
(a) | ‘ICES zones’ means the zones as defined in Council Regulation (EEC) No 3880/91 of 17 December 1991 on the submission of nominal catch statistics by Member States fishing in the North-East Atlantic (7); |
(b) | ‘total allowable catch (TAC)’ means the quantity that can be taken and landed from the stock each year; |
(c) | ‘VMS’ means a satellite-based Vessel Monitoring System, within the meaning of Commission Regulation (EC) No 2244/2003 of 18 December 2003 laying down detailed provisions regarding satellite-based Vessel Monitoring Systems (8); |
(d) | ‘appropriate age groups’ means the ages from three to seven years (inclusive), or other age groups identified as appropriate by the Scientific, Technical and Economic Committee for Fisheries (STECF). |
CHAPTER II - OBJECTIVE AND TARGETS
Article 3 - Objective and targets
2. The objective in paragraph 1 shall be attained by:
(a) | maintaining the fishing mortality rate at 0,25 per year on appropriate age groups when the spawning stock biomass level is equal or superior to 75 000 tonnes; |
(b) | maintaining the fishing mortality rate at no more than 0,2 per year on appropriate age groups when the spawning stock biomass level is below 75 000 tonnes but equal or superior to 50 000 tonnes; |
(c) | providing for the closure of the fishery in the event that the spawning stock biomass level falls below 50 000 tonnes. |
3. The objective set out in paragraph 1 shall be attained within an annual variation in the TAC limited to 20 % or 25 % depending on the situation of the stock.
CHAPTER III - TOTAL ALLOWABLE CATCHES
Article 4 - Setting of TACs
2. When STECF considers that the spawning stock biomass level will be equal or superior to 75 000 tonnes in the year for which the TAC is to be fixed, the TAC shall be set at a level which, according to the advice of STECF, will result in a fishing mortality rate of 0,25 per year. However, the annual variation in the TAC shall be limited to 20 %.
3. When the STECF considers that the spawning stock biomass level will be less than 75 000 tonnes but equal or superior to 50 000 tonnes in the year for which the TAC is to be fixed, the TAC shall be set at a level which, according to the advice of STECF, will result in a fishing mortality rate of 0,2 per year. However, the annual variation of the TAC shall be limited to:
(a) | 20 % if the spawning stock biomass level is estimated to be equal or superior to 62 500 tonnes but less than 75 000 tonnes; |
(b) | 25 % if the spawning stock biomass level is estimated to be equal or superior to 50 000 tonnes but less than 62 500 tonnes. |
4. When STECF considers that the spawning stock biomass level will be less than 50 000 tonnes in the year for which the TAC is to be fixed, the TAC shall be set at 0 tonnes.
5. For the purposes of the calculation to be carried out in accordance with paragraphs 2 and 3, STECF shall assume that the stock experiences a fishing mortality rate of 0,25 in the year prior to the year for which the TAC is to be fixed.
6. By way of derogation from paragraphs 2 or 3, if STECF considers that the herring stock in the area west of Scotland is failing properly to recover, the TAC shall be set at a level lower than that provided for in those paragraphs.
Article 5 - Special fishing permit
2. It shall be prohibited for any fishing vessel not holding a fishing permit as referred to in paragraph 1 to fish for, or retain on board, any quantity of herring while the vessel is engaged on a fishing trip that has included the presence of that vessel in the area west of Scotland.
3. Vessels to which the special fishing permit referred to in paragraph 1 has been issued shall not be permitted to fish outside the area west of Scotland during the same fishing trip.
4. Paragraph 3 shall not apply to vessels which transmit their catch report on a daily basis to the Fisheries Monitoring centre of the flag Member State, as referred to in Article 3(7) of Regulation (EEC) No 2847/93, for inclusion in its computerised database.
5. Each Member State shall establish and maintain a list of vessels holding the special permit referred to in paragraph 1 and make it available, on its official website, to the Commission and other Member States. The vessels to which the provisions of paragraph 4 apply shall be clearly identified on the list.
Article 6 - Cross-checks
CHAPTER IV - FOLLOW-UP
Article 7 - Revision of minimum fishing mortality rates
Article 8 - Evaluation and review of the multi-annual plan
2. At least every four years from 18 December 2008, the Commission shall review the geographical area of application, the biological reference levels and the performance and operation of the multi-annual plan. In the framework of this review, the Commission shall seek the advice of the STECF and of the Pelagic Regional Advisory Council. Where appropriate, the Council of the EU shall decide by qualified majority, on a proposal from the Commission, on appropriate adaptations to the multi-annual plan, as regards the geographical area of application referred to in Article 1, the biological reference levels referred to in Article 3 or the rules for setting TACs referred to in Article 4.
CHAPTER V - FINAL PROVISIONS
Article 9 - European Fisheries Fund
Article 10 - Entry into force
This Regulation shall be binding in its entirety and directly applicable in all Member States.