Legal provisions of COM(2011)470 - Multiannual plan for the Baltic salmon stock and the fisheries exploiting that stock

Please note

This page contains a limited version of this dossier in the EU Monitor.

dossier COM(2011)470 - Multiannual plan for the Baltic salmon stock and the fisheries exploiting that stock.
document COM(2011)470 EN
date August 12, 2011

Contents

CHAPTER I - SUBJECT MATTER , SCOPE AND DEFINITIONS

Article 1 - Subject-matter

This Regulation establishes a multiannual plan for the conservation and management of the Baltic salmon stock (hereinafter referred as the plan).

Article 2 - Scope

1. The plan shall apply to

(a) commercial fisheries in the Baltic Sea and in rivers connected with it on the territory of Member States (hereinafter referred to as the Member States concerned);

(b) recreational fisheries of salmon in the Baltic Sea where such fisheries are conducted by service vessels.

Article 3 - Definitions

1. For the purposes of this Regulation, the definitions laid down in Article 3 of Regulation (EC) No 2371/2002, Article 2 of Directive 2000/60/EC and Article 4 of Regulation (EC) No 1224/2009 shall apply.

2. The following definitions shall also apply:

23. “Baltic Sea” means ICES Subdivisions 22-32;

24. 'Baltic rivers' means the rivers connected to the Baltic Sea on the territory of Member States;

25. 'Baltic salmon stock' means all salmon stocks in the Baltic Sea and in Baltic rivers, both wild and reared;

26. 'wild salmon river' means a river with self sustaining wild salmon populations with no or limited releases of reared salmon as listed in Annex I;

27. 'potential salmon river' means a river with historical wild salmon population(s) and currently no or little natural reproduction and having the potential for re-establishment of a self sustaining wild salmon population;

28. 'potential smolt production capacity' means the production capacity of smolts calculated for each river on the basis of relevant river-specific parameters;

29. 'technical conservation measures' means measures that regulate the species composition, size composition of catches and impacts on components of the ecosystems resulting from fishing activities through conditioning the use and structure of fishing gear and restrictions of access to fishing areas;

30. 'stocking' means the deliberate release of smolt or earlier life stages of reared salmon into wild salmon rivers;

31. 'direct restocking' means the release of smolt or earlier life stages of reared salmon in potential salmon rivers;

32. 'service vessel' means a vessel, that is operated by an undertaking offering services, including providing fishing equipment, transport and/or guidance, for the purpose of recreational fishing targeting salmon in the Baltic Sea;

33. 'total allowable catches'(TAC) means the quantity of Baltic salmon that can be taken and landed from the stock each year.

CHAPTER II - OBJECTIVES

Article 4 - Objectives

The plan shall aim at ensuring that:

a) the Baltic salmon stock is exploited in a sustainable way according to the principle of maximum sustainable yield;

b) the genetic integrity and diversity of the Baltic salmon stock is safeguarded.

CHAPTER III - TARGETS

Article 5 - Targets for wild salmon river stocks

34. For wild salmon rivers which have reached 50% of the potential smolt production capacity by the time of the entry into force of this Regulation, the wild smolt production shall reach 75% of the potential smolt production capacity for each river in five years after the entry into force of this regulation.

35. For wild salmon rivers which have not reached 50% of the potential smolt production capacity by the time of the entry into force of this Regulation, the wild smolt production shall reach 50% of the potential smolt production capacity for each river in five years and 75% in ten years after the entry into force of this regulation.

36. After ten years from the entry into force of this regulation, the wild salmon smolt production shall be maintained at a level of at least 75% of the potential smolt production capacity in each wild salmon river.

37. Member States concerned may set, for each wild salmon river, other more stringent targets.

CHAPTER IV - HARVESTING RULES

Article 6 - Determining TAC in rivers

38. The annual TAC for salmon stocks in wild salmon rivers shall not exceed the level corresponding to the fishing mortality rate referred to in paragraph 2.

39. The fishing mortality rate for salmon stocks in wild salmon rivers shall be specified by each Member State in accordance with the targets set out in Article 5 and expert views of STECF and ICES and re-assessed regularly by those bodies when more information becomes available or the characteristics of the river are changed. For that purpose the Member States shall take account of potential smolt production capacity as calculated for each river by ICES on the basis of relevant river-specific parameters and re-assessed regularly by this body when more information becomes available or the characteristics of the river are changed.

40. Member States concerned shall publish the fishing mortality rate in wild salmon rivers and the corresponding salmon TAC on the publicly accessible part of their official website set up in accordance with Article 114 of Regulation 1224/2009 not later than one year after the entry into force of this Regulation and shall revise them annually.

41. The Commission shall assess every three years the compatibility and effectiveness of measures taken by Member States pursuant to this Article on the basis of the objectives and targets set out in Articles 4 and 5.

42. The Commission shall be empowered to adopt delegated acts in accordance with Article 26 to specify the fishing mortality rate and/or the corresponding TAC in wild salmon rivers and/or the closure of the fishery concerned measures, if the Member States concerned do not publish such measures in accordance with paragraphs 1, 2 and 3 within the set deadline after the date of entry into force of this Regulation.

43. The Commission shall be empowered to adopt delegated acts in accordance with Article 26 to specify the fishing mortality rate and/or the corresponding TAC in wild salmon rivers and/or the closure of the fishery concerned, if, on the basis of an assessment carried out pursuant to paragraph 4, Member State measures are deemed not to be compatible with the objectives and targets set out in Articles 4 and 5 or are deemed not to meet these objectives and targets.

44. The measures adopted by the Commission shall aim at ensuring that the objectives and targets set out in Articles 4 and 5 are met. Upon the adoption of the delegated act by the Commission, the Member State measures shall cease to be effective.

Article 7 - Determining TAC at sea

45. The annual TAC for the salmon stocks at sea shall not exceed the level corresponding to a fishing mortality rate of 0.1.

46. When there are clear indications that stock conditions have changed and/or that the existing fishing mortality rate is not appropriate to reach the objectives set out in Article 4, the Commission may amend the value of the fishing mortality rate at sea referred to in paragraph 1 by means of delegated acts adopted in accordance with Article 26.

47. In case of sudden outburst of diseases, critically low post smolt survival rates or other unforeseen developments, the Council shall decide on a TAC that is lower than the TAC which would result from the fishing mortality rate referred to in paragraph 1.

Article 8 - Use of the national quota by service vessels

Salmon caught at sea from service vessels shall be counted against the national quota.

CHAPTER V - TECHNICAL CONSERVATION MEASURES

Article 9 - Member States measures to protect weak salmon river stocks

48. For wild salmon rivers which have not reached 50% of the potential smolt production capacity by the time of the entry into force of this Regulation, Member States concerned shall establish not later than two years after the entry into force of this Regulation national technical conservation measures.

49. Technical conservation measures referred to in paragraph 1 shall be based on river specific requirements to adequately contribute to achieving the objectives and targets set out in Articles 4 and 5. The location of such measures shall be based on best available information on salmon migration routes at sea.

Article 10 - Measures to protect other salmon rivers stocks

Member States may establish national technical conservation measures in their Baltic rivers for salmon river stocks not covered by Article 9 of this Regulation. Those measures shall be contribute to achieving the objectives and targets set out in Articles 4 and 5.

Article 1 - 1 Commission measures

50. The Commission shall assess every three years the compatibility and effectiveness of measures taken by Member States pursuant to Articles 9 and 10, in particular where wild salmon rivers run through several Member States, on the basis of the targets and objectives set out in Articles 4 and 5.

51. The Commission shall be empowered to adopt delegated acts in accordance with Article 26 to specify such technical conservation measures as needed, if the Member States concerned do not adopt such measures in accordance with Articles 9 within the set deadline after the date of entry into force of this Regulation.

52. The Commission shall be empowered to adopt delegated acts in accordance with Article 26 to specify such technical conservation measures as needed, if, on the basis of an assessment carried out pursuant to paragraph 1, Member State measures are deemed not to be compatible with the objectives and targets set out in Articles 4 and 5 or are deemed not to meet these objectives and targets.

53. The measures adopted by the Commission shall aim at ensuring that the objectives and targets set out in Articles 4 and 5 are met. Upon the adoption of the delegated act by the Commission, the Member State measures shall cease to be effective.

CHAPTER V - I RELEASES

Article 12 - Stocking

54. Stocking of salmon may only be conducted in wild salmon river. The number of released smolts in each river shall not exceed the estimated potential smolt production capacity of the river.

55. Stocking shall be conducted in a way that safeguards the genetic diversity of the different salmon river stocks taking into account existing fish communities in the stocked river and in neighbouring rivers while maximising the effect of stocking.

56. The Commission may establish detailed rules for the application of this Article by means of implementing acts adopted in accordance with the examination procedure referred to in Article 27(2).

Article 13 - Direct restocking

Direct restocking of potential salmon rivers shall only be made, provided that:

(a) the river has free migratory waterways, appropriate water quality and habitat suitable for reproduction and growth of salmon;

(b) the purpose of direct restocking is to establish or enhance a viable self sustaining wild salmon population;

(c) there is a pre- and post-release monitoring program with evaluation in place;

(d) there are suitable and adequate conservation and management measures in place to facilitate the re-establishment of a self-sustaining salmon population in the river.

Direct restocking in accordance with paragraph 1 shall be deemed to be a conservation measure for the purposes of Article 38(2) of Regulation (EC) No 1198/2006 on the European Fisheries Fund.

Article 14 - Transitional period

Releases of salmon other than those made in accordance with Articles 12 and 13 may continue until 7 years after the entry into force of this Regulation.

CHAPTER VII - CONTROL AND ENFORCEMENT

Article 15 - Relationship with Regulation (EC) No 1224/2009

The control measures provided for in this Chapter shall apply in addition to those prescribed in Regulation (EC) No 1224/2009, safe where otherwise provided for in the Articles of this Chapter.

Article 16 - Logbooks

By way of derogation from Article 14 of Regulation 1224/2009 masters of European Union fishing vessels of all length holding a fishing authorisation for salmon shall keep a logbook of their operations in accordance with the rules set in Article 14 of Regulation (EC) No 1224/2009.

Article 17 - Prior notifications

By way of derogation from the introductory sentence of Article 17(1) of Regulation 1224/2009, masters of European Union fishing vessels of all length retaining salmon and/or sea trout on board shall notify the competent authorities of their flag Member State immediately after the completion of the fishing operation of the information listed in Article 17(1) of Regulation 1224/2009.

Article 18 - Special activity authorisations

57. Service vessels shall hold a special activity authorisation for salmon fishing, issued in accordance with Annex II of this Regulation.

58. Member States concerned shall include special activity authorisations in the list of fishing authorisations contained in the electronic database established in accordance with Article 116(1)(d) of Regulation (EC) No 1224/2009. Furthermore, they shall include the data with regard to special activity authorisations in the computerized validation system referred to in Article 109 of Regulation (EC) No 1224/2009.

Article 19 - Catch declaration

59. The master of service vessel shall complete a catch declaration in accordance with Annex III and submit it to the competent authority of the flag Member State of the service vessel by the last day of every month.

60. By the 15th of each month Member States concerned shall register the information recorded in the catch declarations for the previous month in their electronic database established in accordance with Article 116(1)(f) of Regulation (EC) No 1224/2009 and in their computerized validation system referred to in Article 109 of Regulation (EC) No 1224/2009. The electronic data and the catch declarations shall be kept for 3 years.

Article 20 - Landing inspections

Member States concerned shall verify the accuracy of the information recorded in the catch declarations by landing inspections. Such landing inspections shall cover a minimum of 10% inspection of the total number of landings

Article 21 - National control action programmes

The national control action programmes as prescribed in Article 46 of Regulation (EC) No 1224/2009 shall also contain as a minimum:

a) the application of technical conservation measures established in accordance with Chapter V of this Regulation;

b) compliance with the rules on quota uptake, activity authorisation and catch declaration by service vessels;

c) the monitoring of rules on stocking and direct restocking.

CHAPTER VIII - DATA COLLECTION

Article 22

For the purposes of data collection each juvenile salmon cohort in all wild salmon rivers may be surveyed with electrofishing before smoltifcation.

CHAPTER IX - FOLLOW-UP

Article 23 - Member States reporting

61. Member States concerned shall report to the Commission on the technical conservation measures adopted in accordance with Chapter V and their fulfilment of the objectives set out in Article 5 in the third year after the entry into force of this Regulation and then every third year.

62. Member States concerned shall report to the Commission on the implementation of this Regulation and on the fulfilment of the objectives set out in Article 5 in the sixth year after the entry into force of this Regulation and then every sixth year. The Member State report shall in particular provide the following information:

a) development of the national fishery including the share of catches between offshore waters, coastal waters and rivers and between commercial fishermen, undertakings of service vessels and other recreational fishermen;

b) for each wild salmon river, the production of parr and smolt and the best available estimate of the potential smolt production capacity;

c) for each wild salmon river stock, available genetic information;

d) the activity of stocking and direct restocking of salmon;

e) the implementation of the national control action programme referred to in Article 46 of Regulation (EC) No 1224/2009.

Article 24 - Evaluation of the plan

The Commission shall, on the basis of the reporting by Member States as referred to in Article 23 of this Regulation and on the basis of scientific advice, evaluate the impact of the management measures on the Baltic salmon stock and on the fisheries exploiting that stock in the year following that in which it receives the Member States reports.

CHAPTER X - AMENDMENTS TO ANNEXES

Article 25 - Amendments to Annexes

63. The Commission may amend the list of wild salmon rivers listed in Annex I to keep it up to date with recent scientific information, by means of delegated acts adopted in accordance with Article 26.

64. The Commission may amend Annexes II and III to provide for effective control, by means of delegated acts adopted in accordance with Article 26.

CHAPTER XI - PROCEDURAL PROVISIONS

Article 26 - Exercise of delegated powers

65. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

66. The powers to adopt delegated acts as referred to in Articles 6, 7, 11 and 25 shall be conferred on the Commission for an indeterminate period of time.

67. The delegation of power referred to in Articles 6, 7, 11 and 25 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

68. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

69. A delegated act adopted pursuant to Articles 6, 7, 11 and 25 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.

Article 27 - Revocation of empowerment

Where a Member States concerned have not established or published, by the set deadline, the measures set out in Articles 6 or 11, or or where such measures are deemed inadequate and/or ineffective following the assessment carried out in accordance with Article 6.4 or 11.1, the empowerment of the Member State concerned referred to in Articles 6 or 11 shall be revoked by the Commission. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein.

Article 28 - Committee procedure

70. The Commission shall be assisted by the Committee for Fisheries and Aquaculture established by Article 30 of Regulation (EC) No 2371/2002. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

71. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

CHAPTER XII - FIINAL PROVISIONS

Article 29 - Entry into force

This Regulation shall enter into force on the 20th day after its publication in the Official Journal of the European Union.

This Regulation shall apply from XXX.

This Regulation shall be binding in its entirety and directly applicable in all Member States.