Annexes to COM(2016)134 - Conservation of fishery resources and protection of marine ecosystems through technical measures - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2016)134 - Conservation of fishery resources and protection of marine ecosystems through technical measures. |
|---|---|
| document | COM(2016)134  |
| date | June 20, 2019 |
(26) Regulation (EU) No 1236/2010 of the European Parliament and of the Council of 15 December 2010 laying down a scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries and repealing Council Regulation (EC) No 2791/1999 (OJ L 348, 31.12.2010, p. 17).
(27) Council Regulation (EC) No 734/2008 of 15 July 2008 on the protection of vulnerable marine ecosystems in the high seas from the adverse impacts of bottom fishing gears (OJ L 201, 30.7.2008, p. 8).
(28) Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the markets in fishery and aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000 (OJ L 354, 28.12.2013, p. 1).
ANNEX I
PROHIBITED SPECIES
Species for which there is a prohibition to fish for, retain on board, tranship, land, store, sell, display or offer for sale, as referred to in Article 10(2):
| (a) | The following species of sawfish in all Union waters:
|
| (b) | basking shark (Cetorhinus maximus) and white shark (Carcharodon carcharias) in all waters; |
| (c) | smooth lantern shark (Etmopterus pusillus) in Union waters of ICES division 2a and subarea 4 and in Union waters of ICES subareas 1, 5, 6, 7, 8, 12 and 14; |
| (d) | reef manta ray (Manta alfredi) in all Union waters; |
| (e) | giant manta ray (Manta birostris) in all Union waters; |
| (f) | the following species of Mobula rays in all Union waters:
|
| (g) | Norwegian skate (Raja (Dipturus) nidarosiensis) in Union waters of ICES divisions 6a, 6b, 7a, 7b, 7c, 7e, 7f, 7g, 7h and 7k; |
| (h) | white skate (Raja alba) in Union waters of ICES subareas 6-10 |
| (i) | guitarfishes (Rhinobatidae) in Union waters of ICES subareas 1-10 and 12; |
| (j) | angel shark (Squatina squatina) in all Union waters; |
| (k) | salmon (Salmo salar) and sea trout (Salmo trutta) when fishing with any towed net within the waters outside the six-mile limit measured from Member States’ baselines in ICES sub-areas 1, 2 and 4-10 (Union waters); |
| (l) | houting (Coregonus oxyrhynchus) in ICES division 4b (Union waters); |
| (m) | the Adriatic sturgeon (Acipenser naccarii) and common sturgeon (Acipenser sturio) in Union waters; |
| (n) | berried female crawfish (Palinurus spp.) and berried female lobster (Homarus gammarus) in the Mediterranean Sea except when used for direct restocking or transplantation purposes; |
| (o) | date shell (Lithophaga lithophaga), fan mussel (Pinna nobilis) and common piddock (Pholas dactylus) in Union waters in the Mediterranean Sea; |
| (p) | hatpin urchin (Centrostephanus longispinus). |
ANNEX II
CLOSED AREAS FOR THE PROTECTION OF SENSITIVE HABITATS
For the purposes of Article 12, the following restrictions on fishing activity are applicable in the areas enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:
PART A
North Western Waters
| 1. | It shall be prohibited to deploy bottom trawls or similar towed nets, bottom set gillnets, entangling nets or trammel nets and bottom set longlines within the following areas: Belgica Mound Province:
Hovland Mound Province:
North-West Porcupine Bank Area I:
North-West Porcupine Bank Area II:
South-West Porcupine Bank:
|
| 2. | All pelagic vessels fishing in the areas as described in point 1 shall:
|
| 3. | It shall be prohibited to deploy any bottom trawl or similar towed nets within the following area: Darwin Mounds:
|
PART B
South Western Waters
1. El Cachucho
| 1.1. | It shall be prohibited to deploy bottom trawls, bottom set gillnets, entangling nets or trammel nets and bottom set longlines within the following areas:
|
| 1.2. | Vessels that conducted directed fisheries with bottom set longlines in 2006, 2007 and 2008 for greater forkbeard (Phycis blennoides) may continue to fish in the area south of 44°00.00′ N provided they have a fishing authorisation issued in accordance with Article 7 of Regulation (EC) No 1224/2009. |
| 1.3. | All vessels having obtained this fishing authorisation shall, regardless of their overall length, have in use an operational, fully functioning secure VMS which complies with the respective rules, when conducting fisheries in the area described in point 1.1. |
2. Madeira and the Canary Islands
It shall be prohibited to deploy bottom set gillnets, entangling nets and trammel nets at depths greater than 200 m or bottom trawls or similar towed gear within the following areas:
| — | 27°00′ N, 19°00′ W |
| — | 26°00′ N, 15°00′ W |
| — | 29°00′ N, 13°00′ W |
| — | 36°00′ N, 13°00′ W |
| — | 36°00′ N, 19°00′ W. |
3. Azores
It shall be prohibited to deploy bottom set gillnets, entangling nets and trammel nets at depths greater than 200 m or bottom trawls or similar towed gear within the following areas:
| — | 36°00′ N, 23°00′ W |
| — | 39°00′ N, 23°00′ W |
| — | 42°00′ N, 26°00′ W |
| — | 42°00′ N, 31°00′ W |
| — | 39°00′ N, 34°00′ W |
| — | 36°00′ N, 34°00′ W. |
ANNEX III
LIST OF SPECIES PROHIBITED FOR CAPTURE WITH DRIFTNETS
| — | Albacore: Thunnus alalunga |
| — | Bluefin tuna: Thunnus thynnus |
| — | Bigeye tuna: Thunnus obesus |
| — | Skipjack: Katsuwonus pelamis |
| — | Atlantic Bonito: Sarda sarda |
| — | Yellowfin tuna: Thunnus albacares |
| — | Blackfin tuna: Thunnus atlanticus |
| — | Little tuna: Euthynnus spp. |
| — | Southern bluefin tuna: Thunnus maccoyii |
| — | Frigate tuna: Auxis spp. |
| — | Oceanic sea breams: Brama rayi |
| — | Marlins: Tetrapturus spp.; Makaira spp. |
| — | Sailfishes: Istiophorus spp. |
| — | Swordfishes: Xiphias gladius |
| — | Sauries: Scomberesox spp.; Cololabis spp. |
| — | Dolphinfishes: Coryphœna spp. |
| — | Sharks: Hexanchus griseus; Cetorhinus maximus; Alopiidae; Carcharhinidae; Sphyrnidae; Isuridae; Lamnidae |
| — | Cephalopods: all species |
ANNEX IV
MEASUREMENT OF THE SIZE OF A MARINE ORGANISM
| 1. | The size of any fish shall be measured, as shown in Figure 1, from the tip of the snout to the end of the tail fin. |
| 2. | The size of a Norway lobster (Nephrops norvegicus) shall be measured, as shown in Figure 2, either:
In the case of detached Norway lobster tails: from the front edge of the first tail segment present to the rear end of the telson, not including the setae. The tail shall be measured flat, unstretched and on the dorsal side. |
| 3. | The size of a lobster (Homarus gammarus) from the North Sea except Skagerrak or Kattegat shall be measured, as shown in Figure 3, as the length of the carapace, parallel to the midline, from the back of either eye socket to the distal edge of the carapace. |
| 4. | The size of a lobster (Homarus gammarus) from Skagerrak or Kattegat shall be measured, as shown in Figure 3, either:
|
| 5. | The size of a crawfish (Palinurus spp.) shall be measured, as shown in Figure 4, as the length of the carapace, parallel to the midline, from the tip of the rostrum to the midpoint of the distal dorsal edge of the carapace. |
| 6. | The size of any bivalve mollusc shall be measured, as shown in Figure 5, across the longest part of the shell. |
| 7. | The size of a spinous spider crab (Maja squinado) shall be measured, as shown in Figure 6, as the length of the carapace, along the midline, from the edge of the carapace between the rostrums to the posterior edge of the carapace. |
| 8. | The size of an edible crab (Cancer pagurus) shall be measured, as shown in Figure 7, as the maximum width of the carapace measured perpendicular to the antero-posterior midline of the carapace. |
| 9. | The size of a whelk (Buccinum spp.) shall be measured, as shown in Figure 8, as the length of the shell. |
| 10. | The size of swordfish (Xiphias gladius) shall be measured, as shown in Figure 9, as the lower jaw to fork length (LJFL). |
Figure 1 Fish species
Figure 2 Norway Lobster
(Nephrops norvegicus)
Figure 3 Lobster
(Hommarus gammarus)
Figure 4 Crawfish
(Palinurus spp.)
Figure 5 Bivalve molluscs
Figure 6 Spinous Spider Crabs
(Maja squinado)
Figure 7 Edible crab
(Cancer pagurus)
Figure 8 Whelk
(Buccinum spp.)
Figure 9 Swordfish
(Xiphias gladius)
ANNEX V
NORTH SEA (1)
PART A
Minimum conservation reference sizes
| Species | North Sea |
| Cod (Gadus morhua) | 35 cm |
| Haddock (Melanogrammus aeglefinus) | 30 cm |
| Saithe (Pollachius virens) | 35 cm |
| Pollack (Pollachius pollachius) | 30 cm |
| Hake (Merluccius merluccius) | 27 cm |
| Megrim (Lepidorhombus spp.) | 20 cm |
| Sole (Solea spp.) | 24 cm |
| Plaice (Pleuronectes platessa) | 27 cm |
| Whiting (Merlangius merlangus) | 27 cm |
| Ling (Molva molva) | 63 cm |
| Blue ling (Molva dipterygia) | 70 cm |
| Norway lobster (Nephrops norvegicus) | Total length 85 mm, Carapace length 25 mm Norway lobster tails 46 mm |
| Mackerel (Scomber spp.) | 30 cm (5) |
| Herring (Clupea harengus) | 20 cm (5) |
| Horse mackerel (Trachurus spp.) | 15 cm (5) |
| Anchovy (Engraulis encrasicolus) | 12 cm or 90 individuals per kg (5) |
| Bass (Dicentrarchus labrax) | 42 cm |
| Sardine (Sardina pilchardus) | 11 cm (5) |
| Lobster (Homarus gammarus) | 87 mm (carapace length) |
| Spinous spider crab (Maja squinado) | 120 mm |
| Queen scallop (Chalamys spp.) | 40 mm |
| Grooved carpetshell (Ruditapes decussatus) | 40 mm |
| Carpetshell (Venerupis pullastra) | 38 mm |
| Short-necked clam (Venerupis philippinarum) | 35 mm |
| Clam (Venus verrucosa) | 40 mm |
| Hard clam (Callista chione) | 6 cm |
| Razor clam (Ensis spp.) | 10 cm |
| Surf clams (Spisula solida) | 25 mm |
| Donax clams (Donax spp.) | 25 mm |
| Bean solen (Pharus legumen) | 65 mm |
| Whelk (Buccinum undatum.) | 45 mm |
| Octopus (Octopus vulgaris) | 750 g |
| Crawfish (Palinurus spp.) | 95 mm (carapace length) |
| Deepwater rose shrimp (Parapenaeus longirostirs) | 22 mm (carapace length) |
| Edible crab (Cancer pagurus) | 140 mm (2) (3) (4) |
| Scallop (Pecten maximus) | 100 mm |
| Cod (Gadus morhua) | 30 cm |
| Haddock (Melanogrammus aeglefinus) | 27 cm |
| Saithe (Pollachius virens) | 30 cm |
| Pollack (Pollachius pollachius) | — |
| Hake (Merluccius merluccius) | 30 cm |
| Megrim (Lepidorhombus spp.) | 25 cm |
| Sole (Solea spp.) | 24 cm |
| Plaice (Pleuronectes platessa) | 27 cm |
| Whiting (Merlangius merlangus) | 23 cm |
| Ling (Molva molva) | — |
| Blue ling (Molva dypterygia) | — |
| Norway lobster (Nephrops norvegicus) | Total length 105 mm Norway lobster tails 59 mm Carapace length 32 mm |
| Mackerel (Scomber spp.) | 20 cm (5) |
| Herring (Clupea harengus) | 18 cm (5) |
| Horse mackerel (Trachurus spp.) | 15 cm (5) |
| Lobster (Homarus gammarus) | Total length 220 mm Carapace length 78 mm |
PART B
Mesh sizes
1. Baseline mesh sizes for towed gear
| 1.1. | Without prejudice to the landing obligation, vessels shall use a mesh size of at least 120 mm or at least 90 mm in Skagerrak and Kattegat (6). |
| 1.2. | Without prejudice to the landing obligation, and notwithstanding point 1.1, vessels may use smaller mesh sizes as listed in the following table for the North Sea, Skagerrak and Kattegat provided that:
|
| Mesh Size | Geographical Areas | Conditions |
| At least 100 mm (7) | North Sea south of 57° 30′ N | Directed fishing for plaice and sole with otter trawls, beam trawls, and seines. A square mesh panel of at least 90 mm shall be fitted. |
| At least 80 mm (7) | ICES Divisions 4b and 4c | Directed fishing for sole with beam trawls. A panel with a mesh size of at least 180 mm fitted in the upper half of the anterior part of the net shall be fitted. Directed fishing for whiting, mackerel and species not subject to catch limits with bottom trawls. A square mesh panel of at least 80 mm shall be fitted. |
| At least 80 mm | North Sea | Directed fishing for Norway lobster (Nephrops norvegicus). A square mesh panel of at least 120 mm or sorting grid with a maximum bar spacing of 35 mm or equivalent selectivity device shall be fitted. Directed fishing for species not subject to catch limits and which are not covered elsewhere in the table. A square mesh panel of at least 80 mm shall be fitted. Directed fishing for skates and rays. |
| At least 80 mm | ICES division 4c | Directed fishing for sole using otter trawls. A square mesh panel of at least 80 mm shall be fitted. |
| At least 70 mm (square mesh) or 90 mm (diamond mesh) | Skagerrak and Kattegat | Directed fishing for Norway lobster (Nephrops norvegicus). A sorting grid with a maximum bar spacing of 35mm or equivalent selectivity device shall be fitted. |
| At least 40 mm | Whole area | Directed fishing for squid (Lolignidae, Ommastrephidae). |
| At least 35 mm | Skagerrak and Kattegat | Directed fishing for Northern prawn (Pandalus borealis). A sorting grid with a maximum bar spacing of 19mm or equivalent selectivity device shall be fitted. |
| At least 32 mm | Whole area except Skagerrak and Kattegat | Directed fishing for Northern prawn (Pandalus borealis). A sorting grid with a maximum bar spacing of 19 mm or equivalent selectivity device shall be fitted. |
| At least 16 mm | Whole area | Directed fishing for small pelagic species which are not covered elsewhere in the table. Directed fishing for Norway pout. A sorting grid with a maximum bar spacing of 35 mm in the Norway pout fishery shall be fitted. Directed fishing for common and Aesop shrimps. A separator trawl or sorting grid must be fitted in accordance with nationally or regionally established rules. |
| Less than 16 mm | Whole area | Directed fishing for sandeel. |
2. Baseline mesh sizes for static nets and driftnets
| 2.1. | Without prejudice to the landing obligation, vessels shall use a mesh size of at least 120 mm. |
| 2.2. | Without prejudice to the landing obligation, and notwithstanding point 2.1, vessels may use smaller mesh sizes as listed in the following table for the North Sea, Skagerrak and Kattegat provided that the associated conditions set out in that table are complied with and by-catches of cod, haddock and saithe do not exceed 20 % of the total catch in live weight of all marine biological resources landed after each fishing trip. |
| Mesh Size | Geographical Areas | Conditions |
| At least 100 mm | Whole area | Directed fishing for haddock, whiting, dab and bass |
| At least 90 mm | Whole area | Directed fishing for flatfish or species not subject to catch limits and which are not covered elsewhere in the table |
| At least 50 mm | Whole area | Directed fishing for small pelagic species which are not covered elsewhere in the table |
PART C
Closed or restricted areas
1. Closure of an area to protect sandeel in ICES divisions 4a and 4b
| 1.1. | Fishing for sandeel with any towed gear with a codend mesh size less than 32 mm shall be prohibited within the geographical area bounded by the east coast of England and Scotland, and enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:
|
| 1.2. | Fisheries for scientific investigation shall be allowed in order to monitor the sandeel stock in the area and the effects of the closure. |
2. Closure of an area to protect juvenile plaice in ICES subarea 4
| 2.1. | Vessels exceeding 8 m in overall length shall be prohibited from using any demersal trawl, beam trawl, Danish seine or similar towed gear within the geographical areas enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84:
|
| 2.2. | The following vessels are permitted to fish in the area referred to in point 2.1:
|
| 2.3. | When vessels referred to in point 2.2(a) use beam trawls, the beam length, or the aggregate length of combined beam trawls measured as the sum of the length of each beam, shall not be greater than or shall not be able to be extended to a length of greater than 9 m except when operating with gear having a mesh size between 16 and 31 mm. Fishing vessels whose primary activity is fishing for common shrimp (Crangon crangon) shall be permitted to use beam trawls of which the aggregate beam length, measured as the sum of the length of each beam, is greater than 9 m when operating with gear having a mesh size between 80 and 99 mm provided an additional fishing authorisation has been issued to these vessels. |
| 2.4. | Vessels permitted to fish in the area referred to in point 2.1 shall be included in a list to be provided to the Commission by each Member State. The total engine power of the vessels referred to in point 2.2(a) within the list shall not exceed the total engine power in evidence for each Member State at 1 January 1998. The permitted fishing vessels shall hold a fishing authorisation in accordance with Article 7 of Regulation (EC) No 1224/2009. |
3. Restrictions on the use of beam trawls within 12 nautical miles of the coast of the United Kingdom
| 3.1. | Vessels shall be prohibited from using any beam trawl inside the areas within 12 nautical miles of the coast of the United Kingdom, measured from the baselines of the territorial waters. |
| 3.2. | By way of derogation from point 3.1, fishing with beam trawls within the specified area shall be permitted provided that:
|
4. Restrictions on fishing for sprat to protect herring in ICES division 4b
Fishing with any towed gear with a codend mesh size of less than 32 mm or static nets less than 30 mm mesh size shall be prohibited within the geographical areas enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84, and during the following periods mentioned:
| — | from 1 January to 31 March, and from 1 October to 31 December, within ICES statistical area 39E8. For the purpose of this Regulation, that ICES area shall be the area bounded by a line due east from the east coast of the United Kingdom along latitude 55°00′ N to a point at longitude 1°00′ W, from there due north to a point at latitude 55°30′ N and from there due west to the United Kingdom coast; |
| — | from 1 January to 31 March, and from 1 October to 31 December, within the inner waters of the Moray Firth west of longitude 3°30′ W, and in the inner waters of the Firth of Forth west of longitude 3°00′ W, |
| — | from 1 July to 31 October, within the geographical area bounded by the following coordinates:
|
5. Specific provisions for the Skagerrak and Kattegat in ICES division 3a
| 5.1. | It shall be prohibited to fish with beam trawls in the Kattegat. |
| 5.2. | It shall be prohibited for Union vessels to fish for, retain on board, tranship, land, store, sell and display or offer for sale salmon and sea trout. |
| 5.3. | It shall be prohibited to deploy towed gear with a codend mesh size of less than 32 mm from 1 July to 15 September in the waters situated within three nautical miles of the baselines in the Skagerrak and Kattegat unless carrying out directed fishing for Northern Prawn (Pandalus borealis). For directed fishing for eelpout (Zoarces viviparous), gobies (Gobiidae) or scorpion fish (Cottus spp.) for use as bait, nets with any mesh size may be used. |
6. Use of static nets in ICES divisions 3a and 4a
| 6.1. | In accordance with point (a) of Article 9(7) and by way of derogation from Part B Point 2 of this Annex, it shall be permitted to use the following gear in waters with a charted depth of less than 600 m:
|
| 6.2. | Directed fishing for deepwater sharks as listed in Annex I to Regulation (EU) 2016/2336 of the European Parliament and of the Council (8) in charted depths of less than 600 m shall be prohibited. When accidentally caught, deepwater sharks classified as prohibited in this Regulation and other Union legislation shall be recorded, unharmed to the extent possible, and shall be promptly released. Deepwater sharks subject to catch limits shall be retained on board. Such catches shall be landed and counted against quotas. In situations where quota is not or not sufficiently available to the Member State concerned, the Commission may resort to Article 105(5) of Regulation (EC) No 1224/2009. Where accidental catches of deepwater sharks by the vessels of any Member State exceed 10 tonnes then those vessels may no longer avail of the derogations set out in point 6.1. |
PART D
The use of electric pulse trawls in ICES divisions 4b and 4c
| 1. | Fishing with electric pulse trawl shall be prohibited in all Union waters as of 1 July 2021. |
| 2. | During the transitional period ending 30 June 2021, fishing with electric pulse trawl in ICES divisions 4b and 4c shall continue to be allowed under the conditions set out in this and any conditions defined in accordance with point (b) of Article 24(1) of this Regulation, regarding the characteristics of the pulse used and control monitoring measures in place south of a rhumb line joined by the following points, which shall be measured according to the WGS84 coordinate system:
The following conditions shall apply:
|
| 3. | New licences shall not be granted to any vessel during this period. |
| 4. | Until 30 June 2021 in the waters up to 12 nautical miles from baselines under their sovereignty or jurisdiction, Member States may take non-discriminatory measures to restrict or prohibit the use of electric pulse trawl. Member Sates shall inform the Commission and the Member States concerned of the measures put in place under this point. |
| 5. | If requested by the coastal Member State to the flag Member State, the master of a vessel using electric pulse trawl shall, in line with Article 12 of Regulation (EU) 2017/1004 of the European Parliament and of the Council (9), take on board an observer from the coastal Member State during the fishing operations. |
(1) For the purposes of this Annex:
| — | the Kattegat is limited in the north by a line drawn from Skagen Lighthouse to the lighthouse in Tistlarna, and from there to the nearest point on the Swedish coast, and in the south by a line drawn from Hasenøre Head to Gniben Point, from Korshage to Spodsbjerg, and from Gilbjerg Head to the Kullen, |
| — | the Skagerrak is limited in the west by a line drawn from the lighthouse of Hanstholm to the lighthouse of Lindesnes, and in the south by a line drawn from Skagen Lighthouse to the lighthouse of Tistlarna, and from there to the nearest point on the Swedish coast, |
| — | the North Sea shall comprise ICES sub-area 4, the adjacent part of ICES Division 2a lying south of latitude 64° N, and that part of ICES Division 3a which is not covered by the definition of Skagerrak given in the second indent. |
(2) In Union waters in ICES division 4a. In ICES Divisions 4b and 4c, a minimum conservation reference size of 130 mm shall apply.
(3) In an area in ICES divisions 4b and 4c limited by a point at 53°28′22″ N, 0°09′24″ E, on the coast of England, a straight line joining this point with 53°28′22″ N, 0°22′24″ E, the 6-mile boundary of the United Kingdom, and a straight line connecting a point at 51°54′06″ N, 1°30′30″ E, with a point on the coast of England at 51°55′48″ N, 1°17′00″ E, a minimum conservation reference size of 115 mm shall apply.
(4) For edible crabs caught in pots or creels, a maximum of 1 % by weight of the total catch of edible crab may consist of detached claws. For edible crabs caught with any other fishing gear, a maximum of 75 kg of detached crab claws may be landed.
(5) By way of derogation from Article 15 of Regulation (EU) No 1380/2013, the minimum conservation reference sizes of sardine, anchovy, herring, horse mackerel and mackerel shall not apply within a limit of 10 % by live weight of the total catches retained on board of each of those species.
The percentage of sardine, anchovy, herring, horse mackerel or mackerel below minimum conservation reference size shall be calculated as the proportion by live weight of all marine organisms on board after sorting or on landing.
The percentage may be calculated on the basis of one or more representative samples. The limit of 10 % shall not be exceeded during transhipment, landing, transportation, storage, display or sale.
(6) In sub-divisions Skagerrak and Kattegat, a diamond mesh top panel of at least 270 mm mesh size or a square mesh top panel of at least 140 mm mesh size shall be fitted. In sub-division Kattegat, a square mesh panel of at least 120 mm may be fitted (on trawls in the period from 1 October to 31 December, and on seines in the period from 1 August to 31 October).
(7) Vessels shall be prohibited from using any beam trawl with a mesh size between 32 and 99 mm north of a line joined by the following points by a point on the East Coast of the United Kingdom at latitude 55° N, then east to latitude 55°, longitude 5° E, then north to latitude 56° N and east to a point on the west coast of Denmark at latitude 56° N. It is prohibited to use any beam trawl of mesh size range 32 to 119 mm within ICES Division 2a and that part of ICES Sub-area 4 to the north of 56° 00′ N.
(8) Regulation (EU) 2016/2336 of the European Parliament and of the Council of 14 December 2016 establishing specific conditions for fishing for deep-sea stocks in the north-east Atlantic and provisions for fishing in international waters of the north-east Atlantic and repealing Council Regulation (EC) No 2347/2002 (OJ L 354, 23.12.2016, p. 1).
(9) Regulation (EU) 2017/1004 of the European Parliament and of the Council of 17 May 2017 on the establishment of a Union framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the common fisheries policy and repealing Council Regulation (EC) No 199/2008 (OJ L 157, 20.6.2017, p. 1).
ANNEX VI
NORTH WESTERN WATERS
PART A
Minimum conservation reference sizes
| Species | Whole area |
| Cod (Gadus morhua) | 35 cm |
| Haddock (Melanogrammus aeglefinus) | 30 cm |
| Saithe (Pollachius virens) | 35 cm |
| Pollack (Pollachius pollachius) | 30 cm |
| Hake (Merluccius merluccius) | 27 cm |
| Megrim (Lepidorhombus spp.) | 20 cm |
| Sole (Solea spp.) | 24 cm |
| Plaice (Pleuronectes platessa) | 27 cm |
| Whiting (Merlangius merlangus) | 27 cm |
| Ling (Molva molva) | 63 cm |
| Blue ling (Molva dypterygia) | 70 cm |
| Norway lobster (Nephrops norvegicus) Norway Lobster tails | Total length 85 mm, Carapace length 25 mm (1) 46 mm (2) |
| Mackerel (Scomber spp.) | 20 cm (6) |
| Herring (Clupea harengus) | 20 cm (6) |
| Horse mackerel (Trachurus spp.) | 15 cm (6) |
| Anchovy (Engraulis encrasicolus) | 12 cm or 90 individuals per kg (6) |
| Bass (Dicentrarchus labrax) | 42 cm |
| Sardine (Sardina pilchardus) | 11 cm (6) |
| Red sea-bream (Pagellus bogaraveo) | 33 cm |
| Lobster (Hommarus gammarus) | 87 mm |
| Spinous spider crab (Maja squinado) | 120 mm |
| Queen scallop (Chlamys spp.) | 40 mm |
| Grooved carpetshell (Ruditapes decussatus) | 40 mm |
| Carpetshell (Venerupis pullastra) | 38 mm |
| Short-necked clam (Venerupis philippinarum) | 35 mm |
| Clam (Venus verrucosa) | 40 mm |
| Hard clam (Callista chione) | 6 cm |
| Razor clam (Ensis spp.) | 10 cm |
| Surf clams (Spisula solida) | 25 mm |
| Donax clams (Donax spp.) | 25 mm |
| Bean solen (Pharus legumen) | 65 mm |
| Whelk (Buccinum undatum.) | 45 mm |
| Octopus (Octopus vulgaris) | 750 g |
| Crawfish (Palinurus spp.) | 95 mm |
| Deepwater rose shrimp (Parapenaeus longirostris) | 22 mm (carapace length) |
| Edible crab (Cancer pagurus) | 140 mm (3) (4) |
| Scallop (Pecten maximus) | 100 mm (5) |
The percentage of sardine, anchovy, herring, horse mackerel or mackerel below the minimum conservation reference size shall be calculated as the proportion by live weight of all marine organisms on board after sorting or on landing.
The percentage may be calculated on the basis of one or more representative samples. The limit of 10 % shall not be exceeded during transhipment, landing, transportation, storage, display or sale.
PART B
Mesh sizes
1. Baseline mesh sizes for towed gear
| 1.1. | Without prejudice to the landing obligation, vessels shall use a mesh size of at least 120 mm (7), or at least 100 mm in ICES sub-area 7b-7k. |
| 1.2. | Without prejudice to the landing obligation, and notwithstanding point 1.1, vessels may use smaller mesh sizes as listed in the following table for the North Western waters provided that:
|
2. Baseline mesh sizes for static nets and driftnets
| 2.1. | Without prejudice to the landing obligation, vessels shall use a mesh size of at least 120 mm (15). |
| 2.2. | Without prejudice to the landing obligation, and notwithstanding point 2.1, vessels may use smaller mesh sizes as listed in the following table for the North Western waters provided that the associated conditions set out in that table are complied with, and by-catches of cod, haddock and saithe do not exceed 20 % of the total catch in live weight of all marine biological resources landed after each fishing trip. |
| Mesh Size | Geographical Areas | Conditions |
| At least 100 mm (16) | Whole area | Directed fishing for flatfish or species not subject to catch limits and which are not covered elsewhere in the table Directed fishing for whiting, dab and bass |
| At least 50 mm | Whole area | Directed fishing for small pelagic species which are not covered elsewhere in the table Directed fishing for red mullet |
| 3. | This Part is without prejudice to Commission Delegated Regulation (EU) 2018/2034 (17), for the fisheries covered by that Delegated Regulation. |
PART C
Closed or restricted areas
1. Closed area for the conservation of cod in ICES division 6a
From 1 January to 31 March, and from 1 October to 31 December, each year, it shall be prohibited to conduct any fishing activity using any towed gear or static nets in the area enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 coordinate system:
| — | 55°25′ N, 7°07′ W |
| — | 55°25′ N, 7°00′ W |
| — | 55°18′ N, 6°50′ W |
| — | 55°17′ N, 6°50′ W |
| — | 55°17′ N, 6°52′ W |
| — | 55°25′ N, 7°07 W. |
2. Closed area for the conservation of cod in ICES divisions 7f and 7g
| 2.1. | From 1 February to 31 March each year, it shall be prohibited to conduct any fishing activity in the following ICES statistical rectangles: 30E4, 31E4, 32E3. This prohibition shall not apply within 6 nautical miles from the baseline. |
| 2.2. | It shall be permitted to conduct fishing activities using pots and creels within the specified areas and time periods, provided that:
|
| 2.3. | Directed fishing for small pelagic species with towed gear with a mesh size less than 55 mm shall be permitted, provided that:
|
3. Closed area for the conservation of cod in ICES division 7a
| 3.1. | In the period from 14 February to 30 April each year it shall be prohibited to use any dermersal trawl, seine or similar towed net, any gillnet, entangling net or trammel net or any fishing gear incorporating hooks within that part of ICES division 7a enclosed by the east coast of Ireland and the east coast of Northern Ireland and straight lines sequentially joining the following geographical coordinates, which shall be measured according to the WGS84 coordinate system:
|
| 3.2. | By way of derogation from point 1, within the area and time period referred to therein the use of demersal trawls shall be permitted provided such trawls are fitted with selective devices that have been assessed by STECF. |
4. Rockall haddock box in ICES sub-area 6
All fishing, except with longlines, shall be prohibited in the areas enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:
| — | 57°00′ N, 15°00′ W |
| — | 57°00′ N, 14°00′ W |
| — | 56°30′ N, 14°00′ W |
| — | 56°30′ N, 15°00′ W |
| — | 57°00′ N, 15°00′ W. |
5. Closed area for the conservation of Norway lobster in ICES divisions 7c and 7k
| 5.1. | Directed fishing for Norway lobster (Nephrops norvegicus) and associated species (namely, cod, megrims, anglerfish, haddock, whiting, hake, plaice, pollack, saithe, skates and rays, common sole, tusk, blue ling, ling and spurdog) shall be prohibited from 1 May to 31 May each year within the geographical area enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 coordinate system:
|
| 5.2. | Transit through the Porcupine Bank while carrying on board the species referred to in point 5.1 shall be permitted in accordance with Article 50(3), (4) and (5) of Regulation (EC) No 1224/2009. |
6. Special rules for the protection of blue ling in ICES division 6a
| 6.1. | From 1 March to 31 May each year directed fishing for blue ling shall be prohibited in the areas of ICES division 6a enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system: Edge of Scottish continental shelf
Edge of Rosemary bank
Not including the area enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:
|
| 6.2. | A by-catch of blue ling up to a threshold of 6 tonnes may be retained on board and landed. Once a vessel reaches this six-tonne threshold of blue ling:
|
| 6.3. | From 15 February to 15 April each year, it shall be prohibited to use bottom trawls, longlines and static nets within an area enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:
|
7. Restrictions on fishing for mackerel in ICES divisions 7e, 7f, 7g and 7h
| 7.1. | Directed fishing for mackerel with towed gear with a codend mesh size of less than 80 mm or with purse seines shall be prohibited, except where the weight of the mackerel does not exceed 15 % by live weight of the total quantities of mackerel and other marine organisms on board which have been caught, within the area enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:
|
| 7.2. | It shall be permitted to fish within the area defined in point 7.1 with:
|
| 7.3. | Vessels which are not equipped for fishing and to which mackerel are being transhipped shall be permitted within the area defined in point 7.1. |
8. Restrictions on the use of beam trawls within 12 nautical miles of the coast of the United Kingdom and Ireland
| 8.1. | The use of any beam trawl of mesh size less than 100 mm shall be prohibited in ICES division 5b and ICES sub-area 6 north of latitude 56°N. |
| 8.2. | Vessels shall be prohibited from using any beam trawl inside the areas within 12 nautical miles of the coasts of the United Kingdom and Ireland, measured from the baselines from which the territorial waters are measured. |
| 8.3. | Fishing with beam trawls within the specified area shall be permitted provided that:
|
9. Use of static nets in ICES divisions 5b, 6a, 6b, 7b, 7c, 7h, 7j and 7k
| 9.1. | In accordance with point (a) of Article 9(7) and by way of derogation from Part B, Point 2 of this Annex, it shall be permitted to use the following gear in waters with a charted depth of less than 600 m:
|
| 9.2. | Directed fishing for deepwater sharks as listed in Annex I to Regulation (EU) 2016/2336 in charted depths of less than 600 m shall be prohibited. When accidentally caught, deepwater sharks classified as prohibited in this Regulation and other Union legislation shall be recorded, unharmed to the extent possible, and shall be promptly released. Deepwater sharks subject to catch limits shall be retained on board. Such catches shall be landed and counted against quotas. In situations where quota is not or not sufficiently available to the Member State concerned, the Commission may resort to Article 105(5) of Regulation (EC) No 1224/2009. Where accidental catches of deepwater sharks by the vessels of any Member State exceed 10 tonnes then those vessels may no longer avail of the derogations set out in point 9.1. |
(1) In ICES divisions 6a and 7a a minimum conservation reference size of total length of 70 mm and a carapace length of 20 mm shall apply.
(2) In ICES divisions 6a and 7a a minimum conservation reference size of 37 mm shall apply.
(3) In Union waters in ICES sub-areas, 5, 6 south of 56° N and 7, except ICES divisions 7d, 7e and 7f, a minimum conservation reference size of 130 mm shall apply.
(4) For edible crabs caught in pots or creels, a maximum of 1 % by weight of the total catch of edible crab may consist of detached claws. For edible crabs caught with any other fishing gear, a maximum of 75 kg of detached crab claws may be landed.
(5) In ICES division 7a north of 52°30′ N, and ICES division 7d, a minimum conservation reference size of 110 mm shall apply.
(6) By way of derogation from Article 15 of Regulation (EU) No 1380/2013, the minimum conservation reference sizes of sardine, anchovy, herring, horse mackerel and mackerel shall not apply within a limit of 10 % by live weight of the total catches retained on board of each of those species.
(7) To be phased-in over a two-year period from the date of entry into force of this Regulation.
(8) This is without prejudice to Article 5 of Commission Regulation (EC) No 494/2002 (9).
(9) Commission Regulation (EC) No 494/2002 of 19 March 2002 establishing additional technical measures for the recovery of the stock of hake in ICES sub-areas III, IV, V, VI and VII and ICES divisions VIII a, b, d, e (OJ L 77, 20.3.2002, p. 8).
(10) At least 70 mm mesh size shall apply for single rig vessels in ICES division 7a.
(11) This is without prejudice to Article 2(5) of Commission Implementing Regulation (EU) No 737/2012 (12).
(12) Commission Implementing Regulation (EU) No 737/2012 of 14 August 2012 on the protection of certain stocks in the Celtic Sea (OJ L 218, 15.8.2012, p. 8).
(13) This provision shall not apply to ICES division 7d.
(14) This provision shall not apply when directed fishing for whiting, mackerel and species not subject to catch limits in ICES divisions 7d and 7e.
(15) A mesh size of at least 220 mm shall be used when fishing for anglerfish. A mesh size of at least 110 mm shall be used when directed fishing for pollack and hake in ICES divisions 7d and 7e.
(16) In division 7d, at least 90 mm shall apply.
(17) Commission Delegated Regulation (EU) 2018/2034 of 18 October 2018 establishing a discard plan for certain demersal fisheries in North-Western waters for the period 2019-2021 (OJ L 327, 21.12.2018, p. 8).
ANNEX VII
SOUTH WESTERN WATERS
PART A
Minimum conservation reference sizes
| Species | Whole area |
| Cod (Gadus morhua) | 35 cm |
| Haddock (Melanogrammus aeglefinus) | 30 cm |
| Saithe (Pollachius virens) | 35 cm |
| Pollack (Pollachius pollachius) | 30 cm |
| Hake (Merluccius merluccius) | 27 cm |
| Megrim (Lepidorhombus spp.) | 20 cm |
| Sole (Solea spp.) | 24 cm |
| Plaice (Pleuronectes platessa) | 27 cm |
| Whiting (Merlangius merlangus) | 27 cm |
| Ling (Molva molva) | 63 cm |
| Blue ling (Molva dypterygia) | 70 cm |
| Norway lobster (Nephrops norvegicus) | Total length 70 mm, Carapace length 20 mm |
| Norway Lobster tails | 37 mm |
| Mackerel (Scomber spp.) | 20 cm (6) |
| Herring (Clupea harengus) | 20 cm (6) |
| Horse mackerel (Trachurus spp.) | 15 cm (1) (6) (7) |
| Anchovy (Engraulis encrasicolus) | 12 cm or 90 individuals per kg (2) (6) |
| Bass (Dicentrarchus labrax) | 36 cm |
| Sardine (Sardina pilchardus) | 11 cm (6) |
| Red sea-bream (Pagellus bogaraveo) | 33 cm |
| Lobster (Hommarus gammarus) | 87 mm |
| Spinous spider crab (Maja squinado) | 120 mm |
| Queen scallop (Chlamys spp.) | 40 mm |
| Grooved carpetshell (Ruditapes decussatus) | 40 mm |
| Carpetshell (Venerupis pullastra) | 38 mm |
| Short-necked clam (Venerupis philippinarum) | 35 mm |
| Clam (Venus verrucosa) | 40 mm |
| Hard clam (Callista chione) | 6 cm |
| Razor clam (Ensis spp.) | 10 cm |
| Surf clams (Spisula solida) | 25 mm |
| Donax clams (Donax spp.) | 25 mm |
| Bean solen (Pharus legumen) | 65 mm |
| Whelk (Buccinum undatum.) | 45 mm |
| Octopus (Octopus vulgaris) | 750 g (3) |
| Crawfish (Palinurus spp.) | 95 mm |
| Deepwater rose shrimp (Parapenaeus longirostris) | 22 mm (carapace length) |
| Edible crab (Cancer pagurus) | 140 mm (4) (5) |
| Scallop (Pecten maximus) | 100 mm |
PART B
Mesh sizes
1. Baseline mesh sizes for towed gear
| 1.1. | Without prejudice to the landing obligation, vessels shall use a mesh size of at least 70 mm (8), (9), or at least 55 mm in ICES division 9a east of longitude 7°23′ 48″ W. |
| 1.2. | Without prejudice to the landing obligation and notwithstanding point 2.1, vessels may use smaller mesh sizes as listed in the following table for South Western waters provided that:
|
| Mesh Size | Geographical Areas | Conditions |
| At least 55mm | Whole area excluding ICES division 9a east of longitude 7°23′ 48″ W | Directed fishing for species not subject to catch limits and which are not covered elsewhere in the table Directed fishing for red sea bream Directed fishing for mackerel, horse mackerel and blue whiting with bottom trawls |
| At least 35mm | Whole area | Directed fishing for wedge sole |
| At least 55 mm | ICES division 9a west of longitude 7°23′ 48″ W | Directed fishing for crustaceans |
| At least 16 mm | Whole area | Directed fishing for small pelagic species which are not covered elsewhere in the table Directed fishing for shrimps (Palaemon serratus, Crangon crangon), and crab (Polybius henslowi) |
| Less than 16 mm | Whole area | Directed fishing for sandeel |
2. Baseline mesh sizes for static nets and driftnets
| 2.1. | Without prejudice to the landing obligation, vessels shall use a mesh size of at least 100 mm (10), or at least 80 mm in ICES division 8c and ICES sub-area 9. |
| 2.2. | Without prejudice to the landing obligation, and notwithstanding point 2.1, vessels may use smaller mesh sizes as listed in the following table for the South Western waters provided that the associated conditions set out in that table are complied with, and by-catches of hake do not exceed 20 % of the total catch in live weight of all marine biological resources landed after each fishing trip. |
| Mesh Size | Geographical Areas | Conditions |
| At least 80 mm | Whole area except ICES division 8c and ICES sub-area 9 | Directed fishing for sea bass, whiting, turbot, flounder and pollack |
| At least 60 mm | Whole area | Directed fishing for species not subject to catch limits and which are not covered elsewhere in the table |
| At least 50 mm | Whole area | Directed fishing for small pelagic species (11) which are not covered elsewhere in the table |
| At least 40 mm | Whole area | Directed fishing for red mullet, shrimps (Penaeus spp.), mantis shrimp, wedge sole and wrasse |
PART C
Closed or restricted areas
1. Closed area for the conservation of hake in ICES division 9a
Fishing with any trawl, Danish seine or similar towed net shall be prohibited within the geographical areas enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:
| (a) | from 1 October to 31 January in the following year:
|
| (b) | from 1 December to the last day of February in the following year:
|
2. Closed areas for the conservation of Norway lobster in ICES division 9a
| 2.1. | Directed fishing for Norway lobster (Nephrops norvegicus) with any bottom trawl, Danish seine or similar towed net or with creels shall be prohibited, within the geographical areas enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:
|
| 2.2. | It shall be permitted to fish with bottom trawls or similar towed nets or creels in the geographical areas and during the period as described in point 2.1(b) provided that all by-catches of Norway lobster (Nephrops norvegicus) are landed and counted against quotas. |
| 2.3. | Directed fishing for Norway lobster (Nephrops norvegicus) in the geographical areas and outside the periods referred to in point 2.1, shall be prohibited. By-catches of Norway lobster (Nephrops norvgicus) shall be landed and counted against quotas. |
3. Restrictions on directed fishing for anchovy in ICES division 8c
| 3.1. | Directed fishing for anchovy using pelagic trawls in ICES division 8c shall be prohibited. |
| 3.2. | The carrying on board of pelagic trawls and purse seines simultaneously within ICES division 8c shall be prohibited. |
4. Use of static nets in ICES sub-areas 8, 9, 10, and 12 east of 27° W
| 4.1. | In accordance with point (a) of Article 9(7) and by way of derogation from Part B, Point 2 of this Annex, it shall be permitted to use the following gear in waters with a charted depth of less than 600 m:
|
| 4.2. | Directed fishing for deepwater sharks as listed in Annex I to Regulation (EU) 2016/2336 in charted depths of less than 600 m shall be prohibited. When accidentally caught, deepwater sharks classified as prohibited in this Regulation and other Union legislation shall be recorded, unharmed to the extent possible, and shall be promptly released. Deepwater sharks subject to catch limits shall be retained on board. Such catches shall be landed and counted against quotas. In situations where quota is not or not sufficiently available to the Member State concerned, the Commission may resort to Article 105(5) of Regulation (EC) No 1224/2009. Where accidental catches of deepwater sharks by the vessels of any Member State exceed 10 tonnes then those vessels may no longer avail of the derogations set out in point 4.1. |
| 4.3. | Conditions for fisheries using certain towed gear authorised in the Bay of Biscay. By way of derogation from the provisions laid down in Article 5(2) of Regulation (EC) No 494/2002 establishing additional technical measures for the recovery of the stock of hake in ICES sub-areas 3-7 and ICES Divisions 8a, 8b 8d and 8e, it shall be permitted to conduct fishing activity using trawls, Danish seines and similar gear, with the exception of beam trawls, with a mesh size range of 70-99 mm in the area defined in point (b) of Article 5(1) of Regulation (EC) No 494/2002 if the gear is fitted with a 100 mm square mesh panel. |
(1) No minimum conservation reference size shall apply to horse mackerel (Trachurus pictaratus) caught in waters adjacent to the Azores islands and under the sovereignty or jurisdiction of Portugal.
(2) In ICES sub-area 9 and CECAF area 34.1.2 a minimum conservation reference size of 9 cm shall apply.
(3) In all waters in that part of the eastern central Atlantic comprising divisions 34.1.1, 34.1.2 and 34.1.3 and sub-area 34.2.0 of fishing zone 34 of the CECAF region, a gutted weight of 450 g shall apply.
(4) In Union waters in ICES sub-areas 8 and 9 a minimum conservation reference size of 130 mm shall apply.
(5) For edible crabs caught in pots or creels, a maximum of 1 % by weight of the total catch of edible crab may consist of detached claws. For edible crabs caught with any other fishing gear, a maximum of 75 kg of detached crab claws may be landed.
(6) By way of derogation from Article 15 of Regulation (EU) No 1380/2013, the minimum conservation reference sizes of sardine, anchovy, herring, horse mackerel and mackerel shall not apply within a limit of 10 % by live weight of the total catches retained on board of each of those species.
The percentage of sardine, anchovy, herring, horse mackerel or mackerel below the minimum conservation reference size shall be calculated as the proportion by live weight of all marine organisms on board after sorting or on landing.
The percentage may be calculated on the basis of one or more representative samples. The limit of 10 % shall not be exceeded during transhipment, landing, transportation, storage, display or sale.
(7) No more than 5 % may consist of horse mackerel between 12 and 15 cm. For the purposes of the control of that quantity, the conversion factor to be applied to the weight of the catches shall be 1,20. These provisions shall not apply for catches subject to the landing obligation.
(8) This provision is without prejudice to Article 2 of Regulation (EC) No 494/2002.
(9) For directed fishing for Norway lobster (Nephrops norvegicus), a square mesh panel of at least 100 mm or equivalent selectivity device shall be fitted when fishing in ICES divisions 8a, 8b, 8d and 8e. For directed fishing for sole with beam trawls, a panel with a mesh size of at least 180 mm fitted in the upper half of the anterior part of the net shall be fitted.
(10) For directed fishing for anglerfish a mesh size of at least 220 mm shall be used.
(11) A mesh size of less than 40 mm may be used for sardines.
ANNEX VIII
BALTIC SEA
PART A
Minimum conservation reference sizes
| Species | Geographical Areas | Minimum Conservation Reference Size |
| Cod (Gadus morhua) | Sub-divisions 22-32 | 35cm |
| Plaice (Pleuronectes platessa) | Sub-divisions 22-32 | 25 cm |
| Salmon (Salmo salar) | Sub-divisions 22-30 and 32 | 60 cm |
| Sub-division 31 | 50 cm | |
| Flounder (Platichthys flesus) | Sub-divisions 22-25 | 23 cm |
| Sub-divisions 26, 27 and 28 | 21 cm | |
| Sub-divisions 29-32, south of 59° | 18 cm | |
| Turbot (Psetta maxima) | Sub-divisions 22-32 | 30 cm |
| Brill (Scophthalmus rhombus) | Sub-divisions 22-32 | 30 cm |
| Eel (Anguilla anguilla) | Sub-divisions 22-32 | 35 cm |
| Sea trout (Salmo trutta) | Sub-divisions 22-25 and 29-32 | 40 cm |
| Sub-divisions 26, 27 and 28 | 50 cm |
PART B
Mesh sizes
1. Baseline mesh sizes for towed gear
| 1.1. | Without prejudice to the landing obligation, vessels shall use a mesh size of at least 120 mm constructed from T90 or at least 105 mm fitted with a Bacoma exit window of 120 mm. |
| 1.2. | Without prejudice to the landing obligation and notwithstanding point 1.1, vessels may use smaller mesh sizes as listed in the following table for the Baltic Sea provided that:
|
| Mesh Size | Geographical Areas | Conditions |
| At least 90 mm | In sub-divisions 22 and 23 | Directed fishing for flatfish (1) Directed fishing for whiting |
| At least 32 mm | In sub-divisions 22-27 | Directed fishing for herring, mackerel, horse mackerel and blue whiting |
| At least 16 mm | In sub-divisions 22-27 | Directed fishing for sprat (2) |
| At least 16 mm | Whole area | Directed fishing for species other than flatfish and which are not subject to catch limits and not covered elsewhere in the table |
| At least 16 mm | In sub-divisions 28-32 | Directed fishing for small pelagic species which are not covered elsewhere in the table |
| Less than 16 mm | Whole area | Directed fishing for sandeel |
2. Baseline mesh sizes for static nets
| 2.1. | Without prejudice to the landing obligation, vessels shall use a mesh size of at least 110 mm, or 157 mm when fishing for salmon. |
| 2.2. | Without prejudice to the landing obligation and notwithstanding point 2.1, vessels may use smaller mesh sizes as listed in the following table for the Baltic Sea provided that the associated conditions set out in that table are complied with, and by-catches of cod do not exceed 10 % of the total catch live weight of all marine biological resources landed after each fishing trip or 5 specimens of salmon. |
| Mesh Size | Geographical Areas | Conditions (3) |
| At least 90 mm | Whole area | Directed fishing for flatfish species |
| Less than 90 mm | Whole area | Directed fishing for small pelagic species |
| At least 16 mm | Whole area | Directed fishing for species which are not subject to catch limits and not covered elsewhere in the table |
PART C
Closed or restricted areas
| 1. | Restrictions on fishing with towed gear It shall be prohibited throughout the year, to fish with any towed gear in the geographical area enclosed by sequentially joining with rhumb lines the following positions, which shall be measured according to the WGS84 coordinate system:
|
2. Restrictions on fishing for salmon and sea trout
| 2.1. | Directed fishing for salmon (Salmo salar) or sea trout (Salmo trutta) shall be prohibited:
|
| 2.2. | The area of prohibition during the closed season shall be beyond four nautical miles measured from the baselines. |
| 2.3. | The retention on board of salmon (Salmo salar) or sea trout (Salmo trutta) caught with trap-nets shall be permitted. |
3. Specific measures for the Gulf of Riga
| 3.1. | In order to fish in sub-division 28-1, vessels shall hold a fishing authorisation issued in accordance with Article 7 of Regulation (EC) No 1224/2009. |
| 3.2. | Member States shall ensure that vessels, to which the fishing authorisation referred to in point 3.1 has been issued, are included in a list, containing their name and internal registration number, made publicly available via an internet website, the address of which shall be provided to the Commission and Member States by each Member State. |
| 3.3. | Vessels included in the list shall satisfy the following conditions:
|
| 3.4. | Any individual vessel on the list referred to in point 3.2 may be replaced by another vessel or vessels, provided that:
|
| 3.5. | An engine of any individual vessel included in the list referred to in point 3.2 may be replaced, provided that:
|
| 3.6. | In sub-division 28-1, fishing with trawls shall be prohibited in waters of less than 20 m in depth. |
4. Area restrictions on fishing
| 4.1. | It shall be prohibited to conduct any fishing activity from 1 May to 31 October each year within the areas enclosed by sequentially joining with rhumb lines the following positions, which shall be measured according to the WGS84 coordinate system:
|
| 4.2. | Directed fishing for salmon with gillnets, entangling nets and trammel nets of a mesh size equal to or larger than 157 mm or with drifting lines shall be permitted. No other gear shall be kept on board. |
| 4.3. | Directed fishing for cod with the gear specified in point 5.2 shall be prohibited. |
5. Restrictions on fishing for flounder and turbot
| 5.1. | The retention on board of the following species of fish shall be prohibited where they are caught within the geographical areas and during the periods mentioned below:
|
| 5.2. | Directed fishing with trawls, Danish seines or similar gear with a codend mesh size equal to or greater than 90 mm or with gillnets, entangling nets or trammel nets with a mesh size equal to or greater than 90 mm shall be prohibited. By-catches of flounder and turbot may be retained on board and landed within a limit of 10 % by live weight of the total catch retained on board during the periods referred to in point 6.1. |
6. Restrictions on fishing for eel
The retention on board of eel caught with any active gear shall be prohibited. When accidentally caught, eel shall not be harmed and shall be promptly released.
(1) The use of beam trawl shall not be authorised.
(2) The catch may consist of up to 45 % of herring by live weight
(3) The use of gillnets, entangling nets or trammel nets of more than 9 km for vessels with an overall length of less than 12 m and 21 km for vessels with an overall length of more than 12 m shall be prohibited. The maximum immersion time for such gear shall be 48 hours, except when fishing under ice cover.
ANNEX IX
MEDITERRANEAN SEA
PART A
Minimum conservation reference sizes
| Species | Whole Area |
| Bass (Dicentrarchus labrax) | 25 cm |
| Annular sea bream (Diplodus annularis) | 12 cm |
| Sharpsnout sea-bream (Diplodus puntazzo) | 18 cm |
| White sea-bream (Diplodus sargus) | 23 cm |
| Two-banded sea-bream (Diplodus vulgaris) | 18 cm |
| European anchovy (Engraulis encrasicolus) | 9 cm (1) |
| Groupers (Epinephelus spp.) | 45 cm |
| Stripped sea-bream (Lithognathus mormyrus) | 20 cm |
| Hake (Merluccius merluccius) | 20 cm |
| Red mullets (Mullus spp.) | 11 cm |
| Spanish sea-bream (Pagellus acarne) | 17 cm |
| Red sea-bream (Pagellus bogaraveo) | 33 cm |
| Common Pandora (Pagellus erythrinus) | 15 cm |
| Common sea bream (Pagrus pagrus) | 18 cm |
| Wreckfish (Polyprion americanus) | 45 cm |
| European sardine (Sardina pilchardus) | 11 cm (2), (4) |
| Mackerel (Scomber spp.) | 18 cm |
| Common sole (Solea vulgaris) | 20 cm |
| Gilt-head sea-bream (Sparus aurata) | 20 cm |
| Horse mackerel (Trachurus spp.) | 15 cm |
| Norway lobster (Nephrops norvegicus) | 20 mm CL (3) |
| 70 mm TL (3) | |
| Lobster (Homarus gammarus) | 105 mm CL (3) |
| 300 mm TL (3) | |
| Crawfish (Palinuridae) | 90 mm CL (3) |
| Deepwater rose shrimp (Parapenaeus longirostris) | 20 mm CL (3) |
| Scallop (Pecten jacobeus) | 10 cm |
| Carpet Clams (Venerupis spp.) | 25 mm |
| Venus shells (Venus spp.) | 25 mm |
PART B
Mesh sizes
| 1. | Baseline mesh sizes for towed gear |
The following mesh sizes shall apply in the Mediterranean Sea.
| Mesh Size (5) | Geographical Areas | Conditions |
| At least 40 mm square mesh codend (6) | Whole area | A diamond mesh codend of 50 mm2 may be used as an alternative to the 40 mm square mesh cod end at the duly justified request of the vessel owner |
| At least 20 mm | Whole area | Directed fishing for sardine and anchovy |
| 2. | Baseline mesh size for surrounding nets |
| Mesh Size | Geographical Areas | Conditions |
| At least 14 mm | Whole area | None |
| 3. | Baseline mesh sizes for static nets |
The following mesh sizes for bottom set gillnets shall apply in the Mediterranean Sea.
| Mesh Size | Geographical Areas | Conditions |
| At least 16 mm | Whole area | None |
| 4. | Existing derogations from the provisions set out in points 1, 2 and 3 for boat seines and shore seines which are affected by a management plan as referred to in Article 19 of Regulation (EC) No 1967/2006 and issued within the framework of Article 9 of that Regulation shall continue to apply unless otherwise determined through Article 15 of this Regulation. |
PART C
Restrictions on the use of fishing gear
1. Restrictions on the use of dredges
The maximum breadth of dredges shall be 3 m, except for dredges used for directed fishing of sponges.
2. Restrictions on the use of purse seines
The length of purse seines and seines without purse lines shall be restricted to 800 m with a drop of 120 m, except in the case of purse seines used for directed fishing of tuna.
3. Restrictions on the use of static nets
| 3.1. | It shall be prohibited to use the following static nets: |
| (a) | A trammel net with a drop of more than 4 m; |
| (b) | A bottom set gillnet or combined trammel and gillnet with a drop of more than 10 m except when such nets are shorter than 500 m, where a drop of not more than 30 m is permitted. |
| 3.2. | It shall be prohibited to use any gillnet, entangling net or trammel net constructed with a twine thickness greater than 0,5 mm. |
| 3.3. | It shall be prohibited to have on board or set more than 2 500 m of combined gillnets and trammel nets and 6 000 m of any gillnet, entangling net or trammel net. |
| 4. | Restrictions on the use of longlines |
| 4.1. | It shall be prohibited for vessels fishing with bottom-set longlines to have on board or deploy more than 5 000 hooks except for vessels undertaking fishing trips of more than 3 days which may have on board or deploy no more than 7 000 hooks. |
| 4.2. | It shall be prohibited for vessels fishing with surface-set longlines to have on board or deploy more than the number of hooks per vessel as follows: |
| (a) | 2 500 hooks when directed fishing for swordfish; and |
| (b) | 5 000 hooks when directed fishing for albacore tuna. |
| 4.3. | A vessel undertaking fishing trips longer than 2 days may have on board an equivalent number of spare hooks. |
| 5. | Restrictions on the use of pots and creels It shall be prohibited to have on board or set more than 250 pots or creels per vessel to catch deepwater crustaceans. |
| 6. | Restrictions on the directed fishing for red sea bream The directed fishing for red sea bream (Pagellus bogaraveo) with the following gear shall be prohibited:
|
| 7. | Restrictions on fishing with spear guns It shall be prohibited to fish with spear guns if used in conjunction with underwater breathing apparatus (aqualung) or at night from sunset to dawn. |
(1) Member States may convert the minimum conservation reference size into 110 specimens per kg.
(2) Member States may convert the minimum conservation reference size into 55 specimens per kg.
(3) CL — carapace length; TL — total length.
(4) This minimum conservation reference size shall not apply to fries of sardine landed for human consumption if caught by boat seines or shore seines and authorised in accordance with national provisions established in a management plan as referred to in Article 19 of Regulation (EC) No 1967/2006, provided that the stock of sardine concerned is within safe biological limits.
(5) It shall be prohibited to use netting with a twine thickness greater than 3 mm or with multiple twines; or netting with a twine thickness of greater than 6 mm in any part of a bottom trawl.
(6) Only one type of net (either 40 mm square mesh or 50 mm diamond mesh) is allowed to be kept on board or deployed.
ANNEX X
BLACK SEA
PART A
Minimum conservation reference sizes
| Species | Minimum Conservation Reference Size |
| Turbot (Psetta maxima) | 45 cm |
PART B
Mesh sizes
1. Baseline mesh sizes for towed gear for demersal stocks
The following mesh sizes shall apply in the Black Sea:
| Mesh Size | Geographical Areas | Conditions |
| At least 40 mm | Whole area | A diamond mesh codend of 50 mm (1) may be used as an alternative to the 40 mm square mesh cod end at the duly justified request of the vessel owner |
2. Baseline mesh sizes for static nets
The following mesh sizes for static nets shall apply in the Black Sea:
| Mesh Size | Geographical Areas | Conditions |
| At least 400 mm | Whole area | Bottom set gillnets when used to catch turbot |
3. Restrictions on the use of trawls and dredges
The use of trawls or dredges at depths beyond 1 000 m shall be prohibited.
(1) Only one type of net (either 40 mm square mesh or 50 mm diamond mesh) is allowed to be kept on board or deployed.
ANNEX XI
UNION WATERS IN THE INDIAN OCEAN AND THE WEST ATLANTIC
PART A
1. Baseline mesh sizes for towed gear
The following mesh sizes shall apply in Union waters in the Indian Ocean and the West Atlantic.
| Mesh Size | Geographical Areas | Conditions |
| At least 100 mm | All waters off the coast of the French department of Guyana that come under the sovereignty or jurisdiction of France | None |
| At least 45 mm | All waters off the coast of the French department of Guyana that come under the sovereignty or jurisdiction of France | Directed fishing for shrimp (Penaeus subtilis, Penaeus brasiliensis, Xiphopenaeus kroyeri). |
2. Baseline mesh size for surrounding nets
| Mesh Size | Geographical Areas | Conditions |
| At least 14 mm | Whole area | None |
PART B
Closed or restricted areas
Restrictions on fishing activities in the 24-mile zone around Mayotte
Vessels shall be prohibited from using any purse-seine on tuna and tuna-like schools of fish within 24 nautical miles of the coast of Mayotte, measured from the baselines from which territorial waters are measured.
ANNEX XII
NEAFC REGULATORY AREA
PART A
Minimum conservation reference sizes
| Species | NEAFC |
| Haddock (Melanogrammus aeglefinus) | 30 cm |
| Ling (Molva molva) | 63 cm |
| Blue ling (Molva dipterygia) | 70 cm |
| Mackerel (Scomber spp.) | 30 cm |
| Herring (Clupea harengus) | 20 cm |
PART B
Mesh sizes
1. Baseline mesh sizes for towed gear
The following codend mesh sizes shall apply in the NEAFC Regulatory Area.
| Codend Mesh Size | Geographical Areas | Conditions |
| At least 100 mm | Whole area | None |
| At least 35 mm | Whole area | Directed fishing for blue whiting |
| At least 32 mm | ICES sub-areas 1 and 2 | Directed fishing for Northern prawn (Pandalus borealis). A sorting grid with a maximum bar spacing of 22 shall be fitted |
| At least 16 mm | Whole area | Directed fishing for mackerel, capelin and argentines |
2. Baseline mesh sizes for static nets
The following mesh sizes for static nets shall apply in the NEAFC Regulatory Area.
| Mesh Size | Geographical Areas | Conditions |
| At least 220 mm | Whole area | None |
PART C
Closed or restricted areas
1. Measures for the redfish fishery in the Irminger Sea and adjacent waters
| 1.1. | It shall be prohibited to catch redfish in international waters of ICES sub-area 5 and Union waters of ICES sub-areas 12 and 14. By way of derogation from the first subparagraph, it shall be permitted to catch redfish from 11 May to 31 December in the area enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system (the ‘Redfish Conservation Area’):
|
| 1.2. | Notwithstanding point 1.1, a fishery for redfish may be permitted, by a Union legal act, outside the Redfish Conservation Area in the Irminger Sea and adjacent waters from 11 May to 31 December each year on the basis of scientific advice and provided that NEAFC has established a recovery plan in respect of redfish in that geographical area. Only Union vessels that have been duly authorised by their respective Member State and notified to the Commission as required under Article 5 of Regulation (EU) No 1236/2010 shall participate in this fishery. |
| 1.3. | It shall be prohibited to use trawls with a mesh size of less than 100 mm. |
| 1.4. | The conversion factor to be applied to the gutted and headed presentation, including the Japanese cut presentation, of redfish caught in this fishery shall be 1,70. |
| 1.5. | Masters of fishing vessels engaged in the fishery outside the Redfish Conservation Area shall transmit the catch report provided for in point (b) of Article 9(1) of Regulation (EU) No 1236/2010 on a daily basis after the fishing operations of that calendar day have been completed. It shall indicate the catches on board taken since the last communication of catches. |
| 1.6. | In addition to Article 5 of Regulation (EU) No 1236/2010, an authorisation to fish for redfish shall only be valid if the reports transmitted by vessels are in accordance with Article 9(1) of that Regulation and are recorded in accordance with Article 9(3) thereof. |
| 1.7. | The reports referred to in point 1.6 shall be made in accordance with the relevant rules. |
2. Special rules for the protection of blue ling
| 2.1. | From 1 March to 31 May each year it shall be prohibited to retain on board any quantity of blue ling in excess of 6 tonnes per fishing trip in the areas of ICES division 6a enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:
|
| 2.2. | Where blue ling is subject to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013, point 2.1 shall not apply. Fishing for blue ling using any fishing gear within the period and areas referred to in point 2.1 shall be prohibited. |
| 2.3. | When entering and exiting the areas referred to in point 2.1, the master of a fishing vessel shall record the date, time and place of entry and exit in the logbook. |
| 2.4. | In either of the two areas referred to in point 2.1, if a vessel reaches the 6 tonnes of blue ling:
|
| 2.5. | The observers referred to in Article 16 of Regulation (EU) 2016/2336 who are assigned to fishing vessels present in one of the areas referred to in point 1 shall, for appropriate samples of the catches of blue ling, measure the fish in the samples and determine the stage of sexual maturity of subsampled fish. On the basis of advice from STECF, Member States shall establish detailed protocols for sampling and for the collation of results. |
| 2.6. | From 15 February to 15 April each year, it shall be prohibited to use bottom trawls, longlines and gillnets within an area enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:
|
3. Measures for the redfish fishery in international waters of ICES sub-areas 1 and 2
| 3.1. | Directed fishing for redfish in the international waters of ICES sub-areas 1 and 2 shall only be permitted within the period from 1 July to 31 December each year by vessels which have previously been engaged in the redfish fishery in the NEAFC Regulatory Area. |
| 3.2. | Vessels shall limit their by-catches of redfish in other fisheries to a maximum of 1 % of the total catch retained on board. |
| 3.3. | The conversion factor to be applied to the gutted and headed presentation, including the Japanese cut presentation, of redfish caught in this fishery shall be 1,70. |
| 3.4. | By way of derogation from point (b) of Article 9(1) of Regulation (EU) No 1236/2010, masters of fishing vessels engaged in this fishery shall report their catches on a daily basis. |
| 3.5. | In addition to Article 5 of Regulation (EU) No 1236/2010, an authorisation to fish for redfish shall only be valid if the reports transmitted by vessels are in accordance with Article 9(1) of that Regulation and are recorded in accordance with Article 9(3) thereof. |
| 3.6. | Member States shall ensure that scientific information is collected by scientific observers on board vessels flying their flag. As a minimum, the information collected shall include representative data on sex, age and length composition by depths. This information shall be reported to ICES by the competent authorities in the Member States. |
| 3.7. | The Commission shall inform Member States of the date on which the NEAFC Secretariat notifies the NEAFC Contracting Parties that the total allowable catch (TAC) has been fully utilised. Member States shall prohibit directed fishery for redfish by vessels flying their flag from that date. |
4. Rockall haddock box in ICES sub-area 6
All fishing, except with longlines, shall be prohibited in the areas enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:
| — | 57°00′ N, 15°00′ W |
| — | 57°00′ N, 14°00′ W |
| — | 56°30′ N, 14°00′ W |
| — | 56°30′ N, 15°00′ W |
| — | 57°00′ N, 15°00′ W. |
PART D
Closed areas for the protection of sensitive habitats
| 1. | It shall be prohibited to conduct bottom trawling and fishing with static gear, including bottom set gillnets and bottom set longlines, within the following areas sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system: Part of the Reykjanes Ridge:
Northern MAR Area:
Middle MAR Area (Charlie-Gibbs Fracture zone and Subpolar Frontal Region):
Southern MAR Area:
The Altair Seamounts:
The Antialtair Seamounts:
Hatton Bank:
North-West Rockall:
South-West Rockall (Empress of Britain Bank): Area 1
Area 2
Area 3
Edora’s bank
Southwest Rockall Bank Area 1
Area 2
Hatton-Rockall Basin Area 1
Area 2
Hatton Bank 2 Area 1
Area 2
Logachev Mound:
West Rockall Mound:
|
| 2. | Where, in the course of fishing operations in new and existing bottom fishing areas within the NEAFC Regulatory Area, the quantity of live coral or live sponge caught per gear set exceeds 60 kg of live coral and/or 800 kg of live sponge, the vessel shall inform its flag State, cease fishing and move at least 2 nautical miles away from the position that the evidence suggests is closest to the exact location where this catch was made. |
ANNEX XIII
MITIGATION MEASURES TO REDUCE INCIDENTAL CATCHES OF SENSITIVE SPECIES
The following measures to monitor and reduce incidental catches of sensitive species shall apply:
| 1. | The measures set out in Parts A, B and C. |
| 2. | Member States shall take the necessary steps to collect scientific data on incidental catches of sensitive species. |
| 3. | As a result of scientific evidence, validated by ICES, STECF, or in the framework of GFCM, of negative impacts of fishing gear on sensitive species, Member States shall submit joint recommendations for additional mitigation measures for the reduction of incidental catches of the concerned species or in a concerned area on the basis of Article 15 of this Regulation. |
| 4. | Member States shall monitor and assess the effectiveness of the mitigation measures established under this Annex. |
PART A
Cetaceans
1. Fisheries in which the use of acoustic deterrent devices is mandatory
| 1.1. | It shall be prohibited for vessels with an overall length of 12 m or more to use the fishing gear in specific areas as defined below without the simultaneous use of active acoustic deterrent devices.
|
| 1.2. | Point 1.1 shall not apply to fishing operations conducted solely for the purpose of scientific investigation which are carried out with the authorisation and under the authority of the Member State or Member States concerned and which aim at developing new technical measures to reduce the incidental capture or killing of cetaceans. |
| 1.3. | Member States shall take necessary steps to monitor and assess by means of scientific studies or pilot projects, the effects of acoustic deterrent device use over time in the fisheries and areas concerned. |
2. Fisheries to be monitored
| 2.1. | Monitoring schemes shall be undertaken on an annual basis and established for vessels flying their flag and with an overall length of 15 m or more to monitor cetacean by-catch, for the fisheries and under the conditions defined below.
|
| 2.2. | Point 2.1 shall not apply to fishing operations conducted solely for the purpose of scientific investigation which are carried out with the authorisation and under the authority of the Member State or Member States concerned and which aim at developing new technical measures to reduce the incidental capture or killing of cetaceans. |
PART B
Seabirds
Where the data referred to in point 2 of the introductory paragraph of this Annex indicate a level of incidental catches of seabirds in specific fisheries which constitutes a serious threat to the conservation status of those seabirds, Member States shall use bird scaring lines and/or weighted lines, if it is scientifically proven that such use has a conservation benefit in that area, and where practical and beneficial shall set longlines during the hours of darkness with the minimum of deck lighting necessary for safety.
PART C
Marine turtles
1. Fisheries in which the use of a turtle excluder device is mandatory.
| 1.1. | It shall be prohibited for vessels to use the fishing gear specified below in specific areas as defined below without the simultaneous use of a turtle excluder device.
|
| 1.2. | The Commission may adopt implementing acts establishing detailed rules for the specification of the device referred to in point 1.1. |
ANNEX XIV
SPECIES FOR SELECTIVITY PERFORMANCE INDICATORS
| North Sea | North Western Waters | South Western Waters | Baltic Sea | Mediterranean Sea |
| Cod | Cod | Hake | Cod | Hake |
| Haddock | Haddock | Whiting | Plaice | Red Mullet |
| Saithe | Saithe | Megrim | ||
| Whiting | Whiting | |||
| Plaice | Plaice |