Conservation of Stocks [EU]

Table of Contents

Conservation and exploitation of marine resources

Regulation 2371/2002 sets out the economic, environmental and social basis of the Common Fisheries Policy (CFP), the objective of which is to guarantee sustainable exploitation of living aquatic resources. The measures adopted under this Regulation are based on applying the precautionary principle and sound scientific advice. They concern the conservation and protection of fish stocks and marine ecosystems, access to waters and resources, the fleet, control of activities, decision-making and the involvement of stakeholders at all stages of the policy.

Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy [see amending act(s)].

Summary

The Common Fisheries Policy covers the conservation, management and exploitation of marine resources, and the processing and marketing of fishery and aquaculture products. It provides for coherent measures concerning:

conservation, management and exploitation of living aquatic resources;
limitation of the environmental impact of fishing;
conditions of access to waters and resources;
fleet capacity;
control;
aquaculture;
common organisation of the markets;
international relations.

Conservation and sustainability

The European Union (EU) takes the necessary measures to govern access to fishing zones and resources and the sustainable pursuit of fishing activities. These measures apply to each stock of fish or to groups of stocks. They aim to limit fishing mortality and the environmental impact of fishing activities by:

adopting recovery plans for stocks outside safe biological limits;
adopting management plans to maintain stocks within safe biological limits;
setting objectives for sustainable exploitation of stocks;
limiting catches;
setting the number and type of vessels authorised to fish;
limiting fishing effort;
adopting technical measures to promote more selective fishing or fishing which has a smaller impact on marine eco-systems and non target species fishing. These measures may also relate to the structure of fishing gear, the number and size of fishing gear on board, the introduction of zones and/or periods in which fishing activities are prohibited or restricted.

The European Commission and the Member States may take emergency measures in the event of a serious threat to the conservation of resources or to the ecosystem for periods of up to six or three months. The Member States’ decisions may apply only to waters falling under their sovereignty. They may also take non-discriminatory conservation measures, within the 12-mile limit, to preserve the ecosystem. Where these measures affect the vessels of other Member States, the Commission, the national governments and the Regional Advisory Councils concerned must be consulted. Member States may adopt other conservation and management measures for vessels flying their flag provided that they are compatible with the objectives of the Common Fisheries Policy (CFP).

Adjustment of fishing capacity

Member States have an obligation to adjust their fishing capacity in order to balance fishing capacity with fishing opportunities. Given the critical situation of many stocks in European waters, the total capacity of the Community fleet has been ‘frozen’ since 31 December 2002. Therefore a new fishing vessel cannot join the fleet unless another of the same capacity (measured in tonnage (GT)) and engine power (kW) has left it. From 1 January 2003, the only increases in tonnage possible without an associated exit from the fleet are alterations to vessels intended to improve on-board health and safety.

The necessary reductions in capacity are part of the management and recovery plans. Any withdrawal of a vessel that benefits from a public grant (from the Member State and/or the Community) is definitive and the vessel withdrawn may therefore not be replaced. Every year, the Commission sends a summary of the results of the Member States’ efforts to achieve a sustainable balance between fishing capacity and opportunities to the European Parliament and the Council, based on annual reports from the Member States. It also maintains a Community fishing fleet register including all details of the characteristics and activities of the vessels necessary for monitoring the proper implementation of the CFP.

Access to waters and resources

Community fishing vessels all enjoy equal access to waters and resources except in the 12-mile zone, which falls within the sovereignty of the Member States (Annex I). Special rules apply in the Shetland Box (Annex II). Total allowable catches (TAC) are set annually by the Council and fishing opportunities are distributed among Member States taking care to ensure that fishing activities for each stock or fishery remain relatively stable for each State. Member States are then free to allocate these opportunities to their vessels and may exchange those allocated to them. The Council also decides on the fishing opportunities available to third countries with access to Community waters.

Control and enforcement

A European fisheries control system is established to ensure compliance with the rules of the Common Fisheries Policy (CFP) with throughout the production chain, from the boat to the retailer. Controls are still carried out at sea, but are also reinforced in the ports, during transport, in the processing plants, on the markets, etc., in order to ensure that fish are caught legally.

The control system applies to all fishing activities in Community waters, and to the fishing activities of Community vessels and vessels of EU nationals, both in Community and non-Community waters. It also applies to the processing and marketing of fishery products and leisure fishing affecting sensitive stocks and aquaculture.

Decision-making and consultation

Decisions concerning fisheries are taken by the European Parliament and the Council on a proposal from the Commission after consulting the Economic and Social Committee and the Committee of the Regions. In some cases, a decision will be taken with the consent of the Advisory Committee on Fisheries and Aquaculture in accordance with the procedure established by Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission.

The Commission is assisted by the Advisory Committee on Fisheries and Aquaculture (ACFA) created in 1971. ACFA is a forum for permanent dialogue with the industry. Its 21 members represent the main branches of the fisheries and aquaculture industry (production, processing and trade), as well as consumer groups and organisations which deal with environmental protection and development. ACFA is made up of four working groups responsible for preparing opinions:

Group 1: Access to fisheries resources and management of fishing activity;
Group 2: Aquaculture: fish, shellfish and molluscs;
Group 3: Markets and trade policy;
Group 4: General questions: economics and sectoral analysis.

Regional Advisory Councils (RACs) are established in order to increase the involvement of the fishing industry and other groups affected by the CFP, such as environmental protection and consumer groups. They cover sea areas falling within the jurisdiction of at least two Member States. Scientists also participate in the work of the Regional Advisory Councils. They may be consulted by the Commission, for example on the implementation and preparation of management and recovery plans. They will also, on their own initiative, present recommendations where necessary and inform the Commission and the Member States about problems associated with implementing the CFP.

The Scientific, Technical and Economic Committee for Fisheries (STECF), made up of highly qualified scientists, is to be regularly consulted on matters relating to the conservation and management of living aquatic resources. The Commission will take account of advice from the STECF when formulating proposals on fisheries management.

A report on conservation and sustainability and the adjustment of fishing capacity will be delivered by the Commission to Parliament and the Council before the end of 2012.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 2371/2002	1.1.2003	–	L 358 of 31.12.2002

DEROGATIONS

Derogations concerning the management of fishing fleets registered in the Community outermost regions:
Regulation (EC) No 639/2004 [Official Journal L 102 of 07.04.2004].
Amended by:
Regulation (EC) No 1646/2006 [Official Journal L 309 of 09.11.2006];
Regulation (EC) No 1207/2008 [Official Journal L 327 of 5.12.2008].
Given the importance of the fisheries sector in the outermost regions of the Community, this Regulation takes account of the specific structural, social and economic situation regarding the management of the fishing fleet in these regions.

Derogations granted to the new Member States from certain provisions of Regulation (EC) No 2371/2002 relating to reference levels of fishing fleets:
Regulation (EC) No 1242/2004 [Official Journal L 236 of 7.7.2004];
Regulation (EC) No 783/2007 [Official Journal L 175 of 5.7.2007].
These Regulations provide for derogations for the new Member States regarding reference levels and aid grants for fleet renewal.

Amending act(s)	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 865/2007	27.7.2007	–	OJ L 192 of 24.7.2007
Regulation (EC) No 1224/2009	23.12.2009	–	OJ L 343 of 22.12.2009

Successive amendments and corrections to Regulation (EC) No 2371/2002 have been incorporated into the original text. This consolidated version is of documentary value only.

The fleet

Commission Regulation (EU) No 1013/2010 of 10 November 2010 laying down implementing rules on the Union Fleet Policy as defined in Chapter III of Council Regulation (EC) No 2371/2002 [Official Journal L 293 of 11.11.2010].
This Regulation applies to all Community vessels except those used exclusively in aquaculture and those registered in the French, Spanish and Portuguese outermost regions. It sets out the formulae which determine the reference levels in gross tonnage (GT) and power for each Member State at 1 January 2003. It also sets out the eligibility conditions for an increase in tonnage. Each Member State shall collect information related to the implementation of the CFP and on withdrawals (or replacements) of vessels in the European Union’s fleet. Any modernisation of a vessel resulting in a change to its fishing capacity must also be notified.

Commission Regulation (EC) No 26/2004 of 30 December 2003 on the Community fishing fleet register [Official Journal L 5 of 9.1.2004].
This Regulation determines the minimum information on ships flying the flag of a Member State which must be shown in the national register kept by that State. It also lays down the obligations of Member States concerning the collection, validation and transmission of those data to the Commission, as well as the latter’s obligations regarding the management of the Community fishing fleet register. Vessels are identified by means of a unique CFR (Community Fleet Register) number which is permanently assigned to a vessel and cannot be reassigned to another one.

Conservation of certain stocks of migratory fish

The European Community participates in regional fisheries organisations (RFO) establishing a framework for cooperation on the conservation and management of stocks of highly migratory fish. As a contracting party, it is required to apply the control and monitoring measures resulting from recommendations adopted by these RFO. It is therefore necessary to transpose and combine them in a single act and to incorporate the control measures for these stocks which are currently dispersed in a number of Community Regulations.

Council Regulation (EC) No 1936/2001 of 27 September 2001 laying down control measures applicable to fishing for certain stocks of highly migratory fish [See amending act(s)].

Summary

The Council lays down the control and inspection measures applicable to fishing for certain stocks of highly migratory fish listed in Annex I of this Regulation. The main species concerned are tuna, swordfish, sharks, etc.

Community fishing for highly migratory species takes place in a number of marine zones. This Regulation therefore applies to fishing vessels flying the flag of Member States and registered in the Community, operating in one of the following zones.

Zone 1: all waters of the Atlantic Ocean and adjacent seas included in the area covered by the International Convention for the Conservation of Atlantic Tunas *(ICCAT Convention). This Convention enabled the creation of a fisheries organisation which the Community joined in 1997: the International Commission for the Conservation of Atlantic Tunas (ICCAT);
Zone 2: all Indian Ocean waters covered by the Indian Ocean Tuna Commission*(IOTC);
Zone 3: all Eastern Pacific Ocean waters including the zone defined in the agreement on the International Dolphin Conservation Programme.

CONTROL AND INSPECTION MEASURES APPLICABLE IN ZONE 1

Fattening of bluefin tuna

Where bluefin tuna are transferred for fattening * from a Community fishing vessel to a transport vessel, the masters of the two vessels are required to enter certain data in their respective logbooks (the quantities of bluefin tuna transferred, the catch zone, the date and position where the transfer took place, etc.). Similarly, the competent authorities of the Member State register the quantities of bluefin tuna put into cages by vessels flying their flag. Member States notify to the Commission data relating to the quantities of bluefin tuna caught and caged by vessels flying their flag and exports and imports of bluefin tuna caught and intended for fattening.

Member States ensure that bluefin tuna fattening farms under their jurisdiction submit a caging declaration to their competent authority and are listed on the ICCAT register. They must also ensure notification of the list of vessels authorised to fish and/or transfer bluefin tuna for caging.

Catch notification

Member States transmit to the Commission the annual nominal catch data for species indicated in Annex II. They also communicate information available on catches of and trade in sharks as well as estimates of catches, including releases, and landings of white and blue marlin. The Commission in turn transmits the data to the ICCAT Executive Secretariat.

Safeguards against illegal, undeclared and unregulated fishing

Member States must try to deter their nationals from participating in activities that conflict with implementation of the ICCAT conservation and management measures.

Each Member State communicates to the Commission a list of vessels flying its flag and registered on its territory, measuring more than 24 metres in length, which are authorised to fish tunas and related species in the ICCAT convention area. The Commission transmits this information to the ICCAT Executive Secretariat. The Member States ensure that only vessels included on the list carry out fishing.

Transhipment

Vessels registered on the ICCAT list which fish by longlining must obtain authorisation from the competent authorities of the flag Member State before carrying out transhipment procedures in the ICCAT Convention fishing area.

Annual report

Member States send the Commission an annual report, using the layout adopted by ICCAT and including information on implementation of the satellite surveillance system and an ‘ICCAT declaration table’.

Port inspection procedures

Member States must assign to inspection duties at their ports inspectors responsible for the surveillance and inspection of transhipment and landing, and issue them with a special identification document. The master of the vessel must cooperate with the vessel inspection and afford inspectors the means to examine all zones as well as equipment and documents.

Procedures in the event of infringement

If there is reason to believe that a vessel has engaged in an activity breaching the conservation measures adopted by ICCAT, the inspector notes the infringement in his report, takes all necessary action to ensure safekeeping of the evidence for it and sends the report to his authority. A Member State that has been notified of an infringement by a vessel flying its flag must act speedily to obtain and examine the evidence, carry out any necessary investigation and inspect the vessel. It then notifies the Commission of the penalties imposed and measures taken with regard to the vessel concerned. The Commission, for its part, informs the ICCAT Executive Secretariat.

Measures specific to stateless and non-contracting party’s vessels

Community fishing vessels may not receive transhipments of the species listed in Annex I from stateless vessels or those flying the flag of a non-contracting party that does not have the status of a ‘cooperating party’. Member States communicate to the Commission the results of any inspections of stateless vessels and the appropriate measures that they have taken in accordance with international law.

CONTROL AND INSPECTION MEASURES APPLICABLE IN ZONE 2

Each Member State takes the necessary measures to ensure that vessels flying its flag respect the measures applicable in the zone.

Register of authorised vessels

Each Member State sends to the Commission the list of vessels of more than 24 metres overall length flying its flag and registered in its territory that it authorises to fish for tunas and tuna-like fish in the IOTC area. The Commission sends this information to the IOTC Executive Secretariat. Member States ensure that only vessels registered on the list carry out fishing activities.

Transhipment

Vessels registered on the IOTC list which fish by longlining must obtain authorisation from the competent authorities of the flag Member State before carrying out transhipment procedures in the IOTC fishing area.

Marking of fishing gear

Special markings are laid down for the fishing gear of Community vessels authorized to fish in the IOTC zone.

Statistical notification for scientific purposes

Member States transmit to the IOTC secretariat various statistical data on fishing effort and catches concerning migratory species. They must set up a computerised database containing the statistical data provided for, with access for the Commission.

Port inspection procedures

Member States assign to inspection duties at their ports inspectors responsible for the surveillance and inspection of transhipment and landing of the species listed in Annex I. Member States issue a special identification document to each inspector. The master of the vessel cooperates with the vessel inspection and provides the means for examining the zones, equipment and documents.

Procedure in event of infringement

If there is serious reason to believe that a fishing vessel has engaged in an activity breaching the conservation measures adopted by IOTC, the inspector notes the infringement in the inspection report. He takes all necessary action to ensure safekeeping of the evidence and sends the inspection report to his authority. The Member State which has been notified of an infringement by a vessel flying its flag shall take speedy action to obtain and examine the evidence, carry out any necessary investigation and inspect the vessel. It then notifies the Commission of the penalties imposed and measures taken with regard to the vessel concerned. The Commission in turn informs the IOTC Executive Secretariat.

Stateless and non-contracting parties’ vessels

It is prohibited for Community fishing vessels to receive transhipments of fish of the species listed in Annex I from stateless vessels or those flying the flag of a non-Contracting Party that does not have the status of a ‘cooperating party’. Member States send any inspection findings of stateless vessels and any action they have taken under international law to the Commission.

CONTROL AND INSPECTION MEASURES SPECIFIC TO ZONE 3

Each Member State takes the necessary measures to ensure that vessels flying its flag respect the IATTC measures transposed into Community law and the International Dolphin Conservation Programme agreement measures applicable.

The Commission is assisted by the Management Committee for Fisheries and Aquaculture.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 1936/2001	23.10.2001	–	OJ L 263 of 3.10.2001

Amending act(s)	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 869/2004	7.5.2004	–	OJ L 162 of 30.4.2004
Regulation (EC) No 1005/2008	29.10.2008	–	OJ L 286 of 29.10.2008
Regulation (EC) No 302/2009	18.4.2009	–	OJ L 96 of 15.4.2009

The successive amendments and corrections to Regulation (EC) No 1936/2001 have been incorporated into the original text. This consolidated version is of documentary value only.

Recovery of cod stocks

The 2004 cod stock recovery plan did not meet its objective. In view of this, the Council has adopted a new plan aimed at making up for the shortcomings in the previous plan. The measures that have been adopted plan for a limitation of the proportion of stock taken by fishermen and a simplification of the management system for the fishing effort.

Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks and repealing Regulation (EC) No 423/2004.

The long-term plan for the recovery of cod stocks should ensure the sustainable exploitation of cod resources on the basis of maximum sustainable yield.

Geographical areas

The recovery plan applies to the following geographical areas:

the Kattegat;
the North Sea, the Skagerrak and the eastern Channel;
the west of Scotland;
the Irish Sea.

Total allowable catch (TAC)

The Council will determine the TAC each year for the following year, for each of the cod stocks in the areas set out. The TAC is set according to the optimal fishing rate in order to guarantee the maximum sustainable catch. Under the new recovery plan, the TAC will no longer be set according to levels of biomass (quantity of fish in the sea). It will be calculated after subtracting the quantity of expected discards of cod and the quantity corresponding to other sources of fishing mortality.

Fishing mortality will be reduced from one year to the next, by 25 %, 15 % or 10 % according to the severity of the condition of the stocks, until the mortality rate reaches 0.4.

If the Scientific, Technical and Economic Committee for Fisheries (STECF) does not have sufficient information on the condition of stocks, the plan provides for:

a reduction in fishing mortality of 25 % where scientific opinion recommends a reduction in catches at the lowest level possible;
a reduction in fishing mortality of 15 % in other cases.

Limiting the fishing effort

This Regulation introduces a new management system for the fishing effort which fixes thresholds (expressed in kilowatt-days) per group of vessels or fleet segment *. The management of these thresholds shall be carried out by Member States. The latter shall take the appropriate measures to guarantee that the effort does not exceed the forecasted limits.

The Regulation includes an innovation. Member States may allow additional fishing effort rates for some vessels that follow best practices in order to reduce their cod catches. This measure will encourage, amongst other things, the use of more selective trawls and compliance with boxes targeting spawning areas. Nevertheless, fishing efforts should not increase.

Member States are authorised to transfer fishing effort and capacity between geographical areas and between effort groups *.

Monitoring, inspection and surveillance

Member States shall verify that information recorded in the logbook corresponds to information received at the fisheries monitoring centres, using the VMS. The results of these checks shall be recorded in computer-readable form for a period of three years.

Any quantity of cod exceeding 300 kg caught in the areas described above must be weighed upon first landing. Weighing shall be carried out on board or in the port of landing. The presence of inspectors may be required.

The results of the weighing shall be notified to the Commission. By way of derogation from Regulation (EEC) No 2807/83, the margin of tolerance in the estimation of quantities reported in the logbook is set at 8 %.

National control programmes shall be defined by Member States. These programmes and the implementation schedule shall be published on their websites before 31 January.

The transhipment of cod at sea is prohibited in the geographical areas covered by this Regulation.

Prior notification

When holding more than one tonne of cod on board, captains of vessels or their representatives shall supply the following information at least four hours before entering a port or landing location:

the name of the port or landing location;
the probable time of arrival;
a copy of the fishing permit;
the quantities in kg live weight of all species of which more than 50 kg is retained on board.

Designated ports

Landings of over two tonnes of cod are authorised only in the designated ports. Member States shall designate these ports and set inspection and surveillance procedures relating thereto, including the conditions for recording and reporting the quantities of cod landed.

Context

This Regulation is based on the opinions of the interested parties, who met on the occasion of the conference on the recovery of cod stocks in March 2007.

The Commission will evaluate the impact of management measures on cod stocks and the fisheries concerned at the latest during the third year of application of this Regulation and then every three years. Where appropriate, the Commission may propose relevant measures to amend the Regulation based on opinions provided by the STECF and having consulted the relevant Regional Advisory Council.

Key terms of the Act
· Fleet segment: a group of vessels belonging to the same length class (overall length) and having the same main fishing gear throughout the year. Vessels may carry out different fishing activities during the reference period but may only be classed in one fleet segment. · Effort group: a management unit of a Member State for which a maximum allowable fishing effort is set. It is defined by a gear grouping and a geographical area.

Key terms of the Act

· Fleet segment: a group of vessels belonging to the same length class (overall length) and having the same main fishing gear throughout the year. Vessels may carry out different fishing activities during the reference period but may only be classed in one fleet segment.

· Effort group: a management unit of a Member State for which a maximum allowable fishing effort is set. It is defined by a gear grouping and a geographical area.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) 1342/2008	1.1.2009	–	L 348 of 24.12.2008

Conservation of certain stocks of migratory fish

Regulation (EC) No 1936/2001 — control measures applicable to fishing for certain stocks of highly migratory fish

It aims to specify the control and inspection measures that apply to fishing for certain highly migratory fish and mammals listed in Annex I of the regulation. The main species concerned are:

tuna;
swordfish;
sharks;
whales; and
porpoises.

Key Points

The regulation applies to fishing vessels flying the flag of EU countries and registered in the EU, operating in one of the following marine zones:

Zone 1: all waters of the Atlantic Ocean and adjacent seas included in the area covered by the International Convention for the Conservation of Atlantic Tunas (ICCAT Convention)*. This Convention enabled the creation of a fisheries organisation which the EU joined in 1997: the International Commission for the Conservation of Atlantic Tunas (ICCAT);
Zone 2: all Indian Ocean waters covered by the Indian Ocean Tuna Commission (IOTC)*;
Zone 3: all eastern Pacific Ocean waters including the zone defined in the agreement on the International Dolphin Conservation Programme.

Zone 1

CONTROL AND INSPECTION MEASURES APPLICABLE IN ZONE 1

Regulation (EC) No 1936/2001 has been amended several times, most recently by Regulation (EU) 2017/2107. The 2017 regulation repealed parts of Regulation (EC) No 1936/2001 to take account of various changes adopted in ICCAT recommendations since 2008.

Fattening of bluefin tuna

A register of bluefin tuna fattening* farms was introduced in 2004. An EU country has to notify the European Commission of the fattening farms under its jurisdiction which it authorises to carry out fattening of bluefin tuna caught in the ICCAT Convention area. Unregistered fattening farms may not carry out fattening of bluefin tuna caught in the Convention area.

Where bluefin tuna are transferred for fattening from an EU fishing vessel to a transport vessel, the masters of the two vessels are required to enter certain data in their respective logbooks (the quantities of bluefin tuna transferred, the catch zone, the date and position where the transfer took place, etc.).

EU countries must:

register the quantities of bluefin tuna put into cages by vessels flying their flag;
notify the Commission of data relating to the quantities of bluefin tuna caught and caged by vessels flying their flag, and exports and imports of bluefin tuna caught and intended for fattening;
ensure that bluefin tuna fattening farms under their jurisdiction submit a caging declaration to their competent authority and are listed on the register;
ensure that fattening farms submit to them each year a marketing declaration for the bluefin tuna fattened and, on the basis of this information, then inform the Commission of the quantities of bluefin tuna caged and the quantities marketed during the previous year.

Zone 2

CONTROL AND INSPECTION MEASURES APPLICABLE IN ZONE 2

Each EU country must:
ensure that vessels flying its flag respect the measures applicable in the zone;
send to the Commission the list of vessels of more than 24 metres overall length flying its flag and registered in its territory that it authorises to fish for tuna and tuna-like fish in the IOTC area. The Commission sends this information to the IOTC Executive Secretariat;
ensure that only registered vessels carry out fishing activities.
Vessels registered on the IOTC list which fish by longlining* must obtain authorisation from the competent authorities of the flag EU country before carrying out transshipment* procedures in the IOTC fishing area.
The fishing gear of EU vessels authorised to fish in the IOTC zone must bear special markings.
EU countries must:
transmit to the IOTC secretariat various statistical data on fishing effort and catches concerning migratory species;
set up a computerised database containing the required statistical data, with access for the Commission;
assign inspectors to inspection duties at their ports who will be responsible for the surveillance and inspection of transhipment and landing of the species listed in Annex I;
issue a special identification document to each inspector.
The master of the vessel must cooperate with the vessel inspection and provide the means for examining the zones, equipment and documents.
If there is a serious reason to believe that a fishing vessel has breached the IOTC’s conservation measures, the inspector notes the infringement in the inspection report. He must ensure the safekeeping of the evidence and send the inspection report to his authority. The EU country which has been notified of an infringement by a vessel flying its flag must take speedy action to obtain and examine the evidence, carry out any necessary investigation and inspect the vessel. It then notifies the Commission of the penalties imposed and measures taken with regard to the vessel concerned. The Commission, in turn, informs the IOTC Executive Secretariat.
EU fishing vessels are prohibited from receiving transhipments of fish of the species listed in Annex I from stateless vessels* or those flying the flag of a country that is not a cooperating party. EU countries send any inspection findings of stateless vessels and any action they have taken under international law to the Commission.

Zone 3

CONTROL AND INSPECTION MEASURES SPECIFIC TO ZONE 3

Each EU country must ensure that vessels flying its flag respect the Inter-American Tropical Tuna Commission measures incorporated into EU law and the relevant International Dolphin Conservation Programme agreement measures.

FROM WHEN DOES THE REGULATION APPLY?

It has applied since 23 October 2001.

BACKGROUND

The EU participates in regional fisheries organisations (RFMOs) which allow cooperation on the conservation and management of stocks of highly migratory fish. As a contracting party, it is required to apply the control and monitoring measures resulting from recommendations adopted by these RFMOs.

KEY TERMS

International Convention for the Conservation of Atlantic Tunas (ICCAT Convention): this convention set up the International Commission for the Conservation of Atlantic Tunas (ICCAT). Its recommendations on conservation and management in the convention area are binding on the contracting parties.
Indian Ocean Tuna Commission: this Commission works to strengthen international cooperation for the purpose of conserving and rationally using tuna and related species in the Indian Ocean and adjacent areas. It adopts recommendations which are binding on the contracting parties.
Fattening: the raising of individuals in cages to increase their weight or fat content with a view to marketing.
Longlining: a commercial fishing method that makes use of long lines with baited hooks attached at intervals as fishing gear.
Transshipment: the transfer of a catch from a smaller fishing boat to a larger one which then incorporates it into a larger batch for shipment.
Stateless vessels: vessels for which there are reasonable grounds for suspecting it to be without nationality.

MAIN DOCUMENT

Council Regulation (EC) No 1936/2001 of 27 September 2001 laying down control measures applicable to fishing for certain stocks of highly migratory fish (OJ L 263, 3.10.2001, pp. 1-8)

Amendments to Regulation (EC) No 1936/2001 have been incorporated in the original text. This consolidated version is of documentary value only.

Protecting cetaceans against incidental catch

Incidental catches of cetaceans during fishing threaten the conservation of marine mammals belonging to this group. To reduce the impact of fishing on dolphin populations, the European Union adopted this Regulation in 2004. It introduces technical measures aimed at reducing the number of cetaceans caught incidentally in certain fisheries and puts in place a system for monitoring such catches in a range of Community fisheries so as to increase knowledge of the phenomenon.

Council Regulation (EC) No 812/2004 of 26 April 2004 laying down measures concerning incidental catches of cetaceans in fisheries and amending Regulation (EC) No 88/98 [See amending act(s)].

This Regulation pursues a double objective. Firstly, it introduces technical measures concerning gill nets and trawls in specified areas (see Annex 1). Secondly, it creates a monitoring system on board fishing vessels to obtain information on by-catches of cetaceans in “at risk” fisheries (see Annex III).

Restrictions on the use of nets in the Baltic Sea

The prohibition of drift nets * is a necessary conservation measure, in compliance with Community law on fishery and the environment and existing international requirements. However, contrary to measures taken in Community waters, fishing with nets in the Baltic Sea was not banned in 2002, but in 2008, after a 3-year period of ongoing adaptation and the provision of financial support to help fishermen to change their fishing gear.

The incidental catch of harbour porpoises in fishing gear, particularly in drift nets, was identified as one of the main factors responsible for the decline in the porpoise population in the Baltic Sea in the last century. In the past, harbour porpoises were found in the whole of the Baltic Sea. Today, they are only found in the western part of the Baltic Sea. They are considered to be an endangered species and are listed in the Annex to the “Habitats” Directive. Recent studies have not shown any sign of recovery in the last ten years.

The use of acoustic deterrent devices

Various acoustic deterrent devices have been developed to keep cetaceans away from fishing gear and these have helped reduce incidental catches of cetaceans in certain fisheries using fixed gear.

This Regulation makes the use of these devices obligatory for all vessels of 12 metres or longer fishing in the zones, during the periods and using the gear listed in Annex I.

The Member States are obliged to monitor and assess, by means of scientific studies or pilot projects, the effect of using these deterrent devices on the number of cetaceans caught incidentally.

The devices used must comply with a series of technical specifications and conditions of use set out in Annex II to the Regulation.

Monitoring schemes for incidental catches

Member States design and implement monitoring schemes for incidental catches of cetaceans by vessels flying their flag. The aim is to obtain representative data on the fisheries concerned. For this purpose, vessels are divided into two categories:

for those with an overall length of 15 m or over, monitoring is carried out by on-board observers;
for vessels with an overall length of less than 15 m, data are collected by means of studies or pilot projects.

Observers must have appropriate experience and qualifications. Their task is to monitor the fishing operations of the vessels concerned, including incidental catches of cetaceans, and record data on fishing effort. They then send a report containing the results of the monitoring operation and a summary of the main findings to the competent authorities of the flag Member State.

Annual reports

The Member States must send the Commission a comprehensive annual report on the application of the measures concerning the use of acoustic devices and the monitoring of incidental catches, with estimates of the overall incidental catches of cetaceans in each of the fisheries concerned. The reports must also include an assessment of the conclusions set out in the reports filed by the observers and any other information that might be of use in reducing incidental catches of cetaceans in fisheries.

Key terms used in the act
· Driftnet fishing: any floating gillnet which drifts in accordance with the current or the vessel to which it may be attached. It is maintained at water level or at a certain level below this by using floating devices. It may be equipped with devices to stabilise the net or limit the extent of its drift.

REFERENCES

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 812/2004	1.7.2004	–	OJ L 150 of 30.4.2004

Amending act(s)	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 809/2007	19.7.2007	–	OJ L 182 of 12.7.2007

Implementing the legislation

Communication from the Commission to the European Parliament and the Council – Cetacean incidental catches in Fisheries : report on the implementation of certain provisions of Council Regulation (EC) No 812/2004 and on a scientific assessment of the effects of using in particular gillnets, trammel nets and entangling nets on cetaceans in the Baltic Sea as requested through Council Regulation (EC) No 2187/2005 [COM(2009) 368 final – Not published in the Official Journal].
To reduce the incidence of fishing activities on cetacean populations in Community waters, the Commission requires Member States to take all the measures necessary to improve the implementation of Regulation (EC) No 812/2004. The Commission also highlights the requirements of the “Habitats” Directive on Member States. It, therefore, invites them to monitor the incidental catch and slaughter of all whales and all cetaceans, and to ensure that these incidental catches and this slaughter do not have a significantly negative impact on the population of the species concerned.
The Commission plans to look at the possibility of developing new measures to strengthen the protection of cetaceans. It aims specifically to:

extend Regulation (EC) No 812/2004 to the Black Sea;
resolve problems regarding monitoring programmes, gear and areas by using the flexibility offered by Regulation (EC) No 812/2004;
integrate more systematically observations on incidental catches of cetaceans in national monitoring programmes;
encourage debate with industry through the Regional Advisory Councils (RACs);
define measurable objectives laying down the maximum levels of incidental catches for different cetacean species.

Data management in the fisheries sector

Council Regulation (EC) No 199/2008 of 25 February 2008 concerning the establishment of a Community framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the Common Fisheries Policy [Official Journal L 60 of 5.3.2008].

The new data collection system covers the whole process, from the collection at ports and at sea to the use of data by the end users. It includes new provisions for data access and its use, as well as rules aimed at protecting the interests of data producers. The new framework not only supports the move towards an eco-system approach and fleet and fisheries-based management. It also places great importance on social and economic data which will form the basis of impact assessments with regard to introducing new legislative provisions and will enable performance monitoring of European fleets to be carried out. The Regulation concerns the collection of data by scientists for scientific means, without any link to the systems which monitor the use of quotas in the Member States under the framework of the implementation of the Common Fisheries Policy (CFP).

Conservation of fisheries resources and protection of marine ecosystems

Regulation (EU) 2019/1241 — the conservation of fisheries resources and the protection of marine ecosystems through technical measures

It sets out rules on how, where, when, which and how many fish can be caught in EU waters in order to conserve the species and protect marine ecosystems.
It repeals Regulation (EC) No 812/2004, 894/97, 850/98, 2549/2000, 254/2002 and 2187/2005.

Objectives

In line with the reformed EU Common Fisheries Policy, the rules are designed to:

ensure fishing levels correspond to the maximum sustainable yield*, to reduce unwanted catches and eliminate discards, and also to contribute to the achievement of good environmental status;
contribute to the protection of juveniles and spawning aggregations of marine species through the use of selective fishing gear and measures for the avoidance of unwanted catches;
minimise the impacts of fishing gear on marine ecosystems and in particular on sensitive species and habitats, including where appropriate by using incentives and other measures.

Main features

The regulation includes a number of important features such as:

simplifying the procedure for regional cooperation with the aim of creating regionalised rules for different fishing zones;
banning or restricting certain types of fishing methods including the phasing out of electric pulse fishing;
banning or restricting certain types of fishing gear, including mesh sizes;
setting out a list of banned species;
establishing a result-based approach. With the introduction of selectivity performance indicators*, the aim is to provide a quantified benchmark to be able to measure the effectiveness of technical measures;
introducing closed areas and closed seasons for fishing.

Scientific research

In order not to hinder scientific research or direct restocking and transplantation, the rules do not apply to operations conducted for these purposes.

Application & Background

It has applied since 14 August 2019.

For further information, see:

Technical measures (European Commission).
KEY TERMS

Maximum sustainable yield: maximum level at which fish stocks can be routinely exploited without long-term depletion.
Selectivity performance indicator: reference tool to monitor the progress over time towards the achievement of the Common Fisheries Policy objective of minimising unwanted catches.

MAIN DOCUMENT

Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1224/2009 and Regulations (EU) No 1380/2013, (EU) 2016/1139, (EU) 2018/973, (EU) 2019/472 and (EU) 2019/1022 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005 (OJ L 198, 25.7.2019, pp. 105-201)

Conservation of Stocks [EU]

Conservation and exploitation of marine resources

Summary

Conservation and sustainability

Adjustment of fishing capacity

Access to waters and resources

Control and enforcement

References

The fleet

Conservation of certain stocks of migratory fish

Summary

Fattening of bluefin tuna

Catch notification

Transhipment

Annual report

Port inspection procedures

Procedures in the event of infringement

Measures specific to stateless and non-contracting party’s vessels

Register of authorised vessels

Transhipment

Marking of fishing gear

Port inspection procedures

Procedure in event of infringement

Stateless and non-contracting parties’ vessels

References

Recovery of cod stocks

Geographical areas

Total allowable catch (TAC)

Limiting the fishing effort

Monitoring, inspection and surveillance

Prior notification

Designated ports

Context

References

Conservation of certain stocks of migratory fish

Key Points

Zone 1

Fattening of bluefin tuna

Zone 2

Zone 3

MAIN DOCUMENT

Protecting cetaceans against incidental catch

Restrictions on the use of nets in the Baltic Sea

The use of acoustic deterrent devices

Monitoring schemes for incidental catches

Annual reports

Implementing the legislation

Data management in the fisheries sector

Conservation of fisheries resources and protection of marine ecosystems

Objectives

Main features

Scientific research

Application & Background

MAIN DOCUMENT

Related Posts

Sea Fisheries Enforcement

Licensing & Enforcement

Sea Fishery Bodies