1. This Regulation fixes the fishing opportunities available in Union waters and to Union fishing vessels in certain non-Union waters, for certain fish stocks and groups of fish stocks.
2. The fishing opportunities referred to in paragraph 1 include:
(a)
catch limits for the year 2020 and, where specified in this Regulation, for the year 2021;
(b)
fishing effort limits for the year 2020, except the fishing effort limits set out in Annex II, which will apply from 1 February 2020 to 31 January 2021;
(c)
fishing opportunities for the period from 1 December 2019 to 30 November 2020 for certain stocks in the CCAMLR Convention Area;
(d)
fishing opportunities for certain stocks in the IATTC Convention Area set out in Article 30 for the periods in 2019 and 2020 specified in that Article.
Article 2 -
Scope
1. This Regulation applies to the following vessels:
(a)
Union fishing vessels;
(b)
third-country vessels in Union waters.
2. This Regulation also applies to recreational fisheries where such fisheries are expressly referred to in its relevant provisions.
Article 3 -
Definitions
For the purposes of this Regulation, the definitions set out in Article 4 of Regulation (EU) No 1380/2013 apply. In addition, the following definitions apply:
(a)
‘third-country vessel’ means a fishing vessel flying the flag of, and registered in, a third country;
(b)
‘recreational fisheries’ means non-commercial fishing activities exploiting marine biological resources such as recreation, tourism or sport;
(c)
‘international waters’ means waters falling outside the sovereignty or jurisdiction of any State;
(d)
‘total allowable catch’ (TAC) means:
(i)
in fisheries subject to the exemption of the landing obligation referred to in Article 15(4) to (7) of Regulation (EU) No 1380/2013, the quantity of fish that may be landed from each stock each year;
(ii)
in all other fisheries, the quantity of fish that may be caught from each stock each year;
(e)
‘quota’ means a proportion of the TAC allocated to the Union, a Member State or a third country;
(f)
‘analytical assessment’ means quantitative evaluation of trends in a given stock, based on data about the stock’s biology and exploitation, which scientific review has indicated to be of sufficient quality to provide scientific advice on options for future catches;
(g)
‘mesh size’ means the mesh size of fishing nets as defined in point (34) of Article 6 of Regulation (EU) 2019/1241 of the European Parliament and of the Council (13);
(h)
‘Union fishing fleet register’ means the register set up by the Commission in accordance with Article 24(3) of Regulation (EU) No 1380/2013;
(i)
‘fishing logbook’ means the logbook referred to in Article 14 of Regulation (EC) No 1224/2009.
Article 4 -
Fishing zones
For the purposes of this Regulation, the following zone definitions apply:
(a)
ICES (International Council for the Exploration of the Sea) zones are the geographical areas specified in Annex III to Regulation (EC) No 218/2009 of the European Parliament and of the Council (14);
(b)
‘Skagerrak’ means the geographical area bounded on the west by a line drawn from the Hanstholm lighthouse to the Lindesnes lighthouse and on the south by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from that point to the nearest point on the Swedish coast;
(c)
‘Kattegat’ means the geographical area bounded on the north by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from that point to the nearest point on the Swedish coast and on the south by a line drawn from Hasenøre to Gnibens Spids, from Korshage to Spodsbjerg and from Gilbjerg Hoved to Kullen;
(d)
‘Functional Unit 16 of ICES subarea 7’ means the geographical area bounded by rhumb lines sequentially joining the following positions:
—
53° 30' N 15° 00' W,
—
53° 30' N 11° 00' W,
—
51° 30' N 11° 00' W,
—
51° 30' N 13° 00' W,
—
51° 00' N 13° 00' W,
—
51° 00' N 15° 00' W;
(e)
‘Functional Unit 25 of ICES division 8c’ means the geographical sea area bounded by rhumb lines sequentially joining he following positions:
—
43° 00' N 9° 00' W,
—
43° 00' N 10° 00' W,
—
43° 30' N 10° 00' W,
—
43° 30' N 9° 00' W,
—
44° 00' N 9° 00' W,
—
44° 00' N 8° 00' W,
—
43° 30' N 8° 00' W;
(f)
‘Functional Unit 26 of ICES division 9a’ means the geographical area bounded by rhumb lines sequentially joining the following positions:
—
43° 00' N 8° 00' W,
—
43° 00' N 10° 00' W,
—
42° 00' N 10° 00' W,
—
42° 00' N 8° 00' W;
(g)
‘Functional Unit 27 of ICES division 9a’ means the geographical area bounded by rhumb lines sequentially joining the following positions:
—
42° 00' N 8° 00' W,
—
42° 00' N 10° 00' W,
—
38° 30' N 10° 00' W,
—
38° 30' N 9° 00' W,
—
40° 00' N 9° 00' W,
—
40° 00' N 8° 00' W;
(h)
‘Functional Unit 30 of ICES division 9a’ means the geographical area under the jurisdiction of Spain in the Gulf of Cádiz and in the adjacent waters of 9a;
(i)
‘Functional Unit 31 of ICES division 8c’ means the geographical sea area bounded by rhumb lines sequentially joining the following positions:
—
43° 30' N 6° 00' W,
—
44° 00' N 6° 00' W,
—
44° 00' N 2° 00' W,
—
43° 30' N 2° 00' W;
(j)
‘Gulf of Cádiz’ means the geographical area of ICES division 9a east of longitude 7° 23' 48″ W;
(k)
‘CCAMLR Convention Area’ is the geographical area defined in point (a) of Article 2of Council Regulation (EC) No 601/2004 (15);
(l)
CECAF (Committee for Eastern Central Atlantic Fisheries) areas are the geographical areas specified in Annex II to Regulation (EC) No 216/2009 of the European Parliament and of the Council (16);
(m)
‘IATTC Convention Area’ is the geographical area defined in the Convention for the Strengthening of the Inter-American Tropical Tuna Commission established by the 1949 Convention between the United States of America and the Republic of Costa Rica (17);
(n)
‘ICCAT Convention Area’ is the geographical area defined in the International Convention for the Conservation of Atlantic Tunas (18);
(o)
‘IOTC Area of Competence’ is the geographical area defined in the Agreement for the establishment of the Indian Ocean Tuna Commission (19);
(p)
NAFO areas are the geographical areas specified in Annex III to Regulation (EC) No 217/2009 of the European Parliament and of the Council (20);
(q)
‘SEAFO Convention Area’ is the geographical area defined in the Convention on the Conservation and Management of Fishery Resources in the South-East Atlantic Ocean (21);
(r)
‘SIOFA Agreement Area’ is the geographic area defined in the Southern Indian Ocean Fisheries Agreement (22);
(s)
‘SPRFMO Convention Area’ is the geographical area defined in the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean (23);
(t)
‘WCPFC Convention Area’ is the geographical area defined in the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (24);
(u)
‘high seas of the Bering Sea’ is the geographical area of the high seas of the Bering Sea beyond 200 nautical miles from the baselines from which the breadth of the territorial sea of the coastal States of the Bering Sea is measured;
(v)
‘overlap area between IATTC and WCPFC’ is the geographical area defined by the following limits:
—
longitude 150° W,
—
longitude 130° W,
—
latitude 4° S,
—
latitude 50° S.
TITLE II - FISHING OPPORTUNITIES FOR UNION FISHING VESSELS
CHAPTER I - General provisions
Article 5 -
TACs and allocations
1. The TACs for Union fishing vessels in Union waters or in certain non-Union waters and the allocation of such TACs among Member States, and the conditions functionally linked thereto, where appropriate, are set out in Annex I.
2. Union fishing vessels shall be authorised to fish, within the TACs set out in Annex I to this Regulation, in waters falling within the fisheries jurisdiction of the Faroe Islands, Greenland and Norway, and the fishing zone around Jan Mayen, subject to the condition set out in Article 18 of, and Part A of Annex V to, this Regulation and in Regulation (EU) 2017/2403 of the European Parliament and of the Council (25) and its implementing provisions.
Article 6 -
TACs to be determined by Member States
1. The TACs for certain fish stocks shall be determined by the Member State concerned. Those stocks are identified in Annex I.
2. The TACs to be determined by a Member State shall:
(a)
be consistent with the principles and rules of the CFP, in particular the principle of sustainable exploitation of the stock; and
(b)
result:
(i)
if an analytical assessment is available, in the exploitation of the stock in line with MSY from 2020 onwards, with as high a probability as possible, or
(ii)
if an analytical assessment is unavailable or incomplete, in the exploitation of the stock consistent with the precautionary approach to fisheries management.
3. By 15 March 2020, each Member State concerned shall submit the following information to the Commission:
(a)
the TACs adopted;
(b)
the data collected and assessed by the Member State concerned on which the TACs adopted are based;
(c)
details on how the TACs adopted comply with paragraph 2.
Article 7 -
Conditions for landing catches and by-catches
1. Catches that are not subject to the landing obligation under Article 15 of Regulation (EU) No 1380/2013 shall be retained on board or landed only if they:
(a)
have been taken by vessels flying the flag of a Member State having a quota and that quota has not been exhausted, or
(b)
consist of a share in a Union quota which has not been allocated by quota among Member States, and that Union quota has not been exhausted.
2. The stocks of non-target species within safe biological limits referred to in Article 15(8) of Regulation (EU) No 1380/2013 are identified in Annex I to this Regulation for the purposes of the derogation from the obligation to count catches against the relevant quotas provided for in that Article.
Article 8 -
Quota-exchange mechanism for TACs for unavoidable by-catches with regard to the landing obligation
1. In order to take into account the introduction of the landing obligation and to make quotas for certain by-catches available to Member States without a quota, the quota-exchange mechanism set out in paragraphs 2–5 of this Article shall apply to the TACs identified in Annex IA.
2. 6 % of each quota from the TACs for cod in the Celtic Sea, cod in the West of Scotland, whiting in the Irish Sea and plaice in ICES divisions 7h, 7j and 7k, and 3 % of each quota from the TAC for West of Scotland whiting, allocated to each Member State, shall be made available for a pool for quota exchanges, which shall open as of 1 January 2020. Member States without quota shall have exclusive access to the quota pool until 31 March 2020.
3. The quantities drawn from the pool may not be exchanged or transferred to the following year. Any unused quantities shall be returned, after 31 March 2020, to those Member States that have initially contributed to the pool for quota exchanges.
4. The quotas provided in return shall be preferably taken from a list of TACs identified by each Member State contributing to the pool as listed in the Appendix to Annex IA.
5. Those quotas shall be of equivalent commercial value by using a market exchange rate or other mutually acceptable exchange rates. In absence of alternatives, the equivalent economic value in accordance to the average Union prices of the previous year, as provided by the European Market Observatory for Fisheries and Aquaculture Products, shall be used.
6. In cases where the quota-exchange mechanism set out in paragraphs 2–5 of this Article does not allow Member States to cover their unavoidable by-catches to a similar extent, Member States shall endeavour to agree on quota exchanges pursuant to Article 16(8) of Regulation (EU) No 1380/2013, ensuring that quotas exchanged are of equivalent commercial value.
Article 9 -
Fishing effort limits in ICES division 7e
1. For the periods referred to in point (b) of Article 1(2), the technical aspects of the rights and obligations related to Annex II for the management of the sole stock in ICES division 7e are set out in Annex II.
2. The Commission may, by means of implementing acts, allocate a requesting Member State a number of days at sea additional to those referred to in point 5 of Annex II, on which a vessel may be authorised by its flag Member State to be present within ICES division 7e when carrying on board any regulated gear, on the basis of such a request by that Member State, in accordance with point 7.4 of Annex II. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 53(2).
3. The Commission may, by means of implementing acts, allocate a requesting Member State a maximum of three days between 1 February 2020 and 31 January 2021 additional to those referred to in point 5 of Annex II, on which a vessel may be present within ICES division 7e on the basis of an enhanced programme of scientific observer coverage as referred to in point 8.1 of Annex II. Such an allocation shall be done on the basis of the description submitted by the Member State in accordance with point 8.3 of Annex II and following consultation with the STECF. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 53(2).
Article 10 -
Measures on European seabass fisheries
1. It shall be prohibited for Union fishing vessels, as well as for any commercial fisheries from shore, to fish for European seabass in ICES divisions 4b and 4c, and in ICES subarea 7. It shall be prohibited to retain, tranship, relocate or land European seabass caught in that area.
2. By way of derogation from paragraph 1, in January 2020 and from 1 April to 31 December 2020, Union fishing vessels in ICES divisions 4b, 4c, 7d, 7e, 7f and 7h and in waters within 12 nautical miles from baselines under the sovereignty of the United Kingdom in ICES divisions 7a and 7g may fish for European seabass, and retain, tranship, relocate or land European seabass caught in that area with the following gear and within the following limits:
(a)
using demersal trawls (26), for unavoidable by-catches not exceeding 520 kilogrammes per two months and 5 % of the weight of the total catches of marine organisms on board caught by that vessel per fishing trip;
(b)
using seines (27), for unavoidable by-catches not exceeding 520 kilogrammes per two months and 5 % of the weight of the total catches of marine organisms on board caught by that vessel per fishing trip;
(c)
using hooks and lines (28), not exceeding 5,7 tonnes per vessel per year;
(d)
using fixed gillnets (29), for unavoidable by-catches not exceeding 1,4 tonnes per vessel per year.
The derogations set out in the first subparagraph shall apply to Union fishing vessels that have recorded catches of European seabass over the period from 1 July 2015 to 30 September 2016: in point (c) with recorded catches using hooks and lines, and in point (d) with recorded catches using fixed gillnets. In the case of a replacement of a Union fishing vessel, Member States may allow the derogation to apply to another fishing vessel provided that the number of Union fishing vessels subject to the derogation and their overall fishing capacity do not increase.
3. The catch limits set out in paragraph 2 shall not be transferable between vessels and, where a monthly limit applies, from one month to another. For Union fishing vessels using more than one gear in a single calendar month, the lowest catch limit set out in paragraph 2 for either gear shall apply.
Member States shall report to the Commission all catches of European seabass per type of gear no later than 15 days after the end of each month.
4. France and Spain shall ensure that fishing mortality of seabass stock in ICES divisions 8a and 8b from their commercial and recreational fisheries do not exceed the FMSY point value resulting in 2 533 tonnes of total catches, as required by Article 4(3) of Regulation (EU) 2019/472.
5. In recreational fisheries, including from shore, in ICES divisions 4b, 4c, 6a, 7a to 7k:
(a)
from 1 January to 29 February and from 1 to 31 December 2020, only catch-and-release fishing with a rod or a handline for European seabass shall be allowed. During those periods, it shall be prohibited to retain, relocate, tranship or land European seabass caught in that area;
(b)
from 1 March to 30 November 2020, not more than two specimens of European seabass may be caught and retained per fisherman per day; the minimum size of European seabass retained shall be 42 cm.
Point (b) of the first subparagraph shall not apply to fixed nets, which may not be used to catch or retain European seabass during the period referred to in that point.
6. In recreational fisheries in ICES divisions 8a and 8b, a maximum of two specimens of European seabass may be caught and retained per fisherman per day. The minimum size of European seabass retained shall be 42 cm. This paragraph shall not apply to fixed nets, which may not be used to catch or retain European seabass.
7. Paragraphs 5 and 6 shall be without prejudice to more stringent national measures on recreational fisheries.
Article 11 -
Measures on European eel fisheries in Union waters of the ICES area
Any targeted, incidental and recreational fishery of European eel shall be prohibited in Union waters of the ICES area and brackish waters such as estuaries, coastal lagoons and transitional waters for a consecutive three-month period to be determined by each Member State concerned between 1 August 2020 and 28 February 2021. Member States shall communicate the determined period to the Commission no later than 1 June 2020.
Article 12 -
Special provisions on allocations of fishing opportunities
1. The allocation of fishing opportunities among Member States as set out in this Regulation shall be without prejudice to:
(a)
exchanges made pursuant to Article 16(8) of Regulation (EU) No 1380/2013;
(b)
deductions and reallocations made pursuant to Article 37 of Regulation (EC) No 1224/2009;
(c)
reallocations made pursuant to Articles 12 and 47 of Regulation (EU) 2017/2403;
(d)
additional landings allowed under Article 3 of Regulation (EC) No 847/96 and Article 15(9) of Regulation (EU) No 1380/2013;
(e)
quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96 and Article 15(9) of Regulation (EU) No 1380/2013;
(f)
deductions made pursuant to Articles 105, 106 and 107 of Regulation (EC) No 1224/2009;
(g)
quota transfers and exchanges pursuant to Article 19 of this Regulation.
2. Stocks which are subject to precautionary or analytical TACs are identified in Annex I to this Regulation for the purposes of the year-to-year management of TACs and quotas provided for in Regulation (EC) No 847/96.
3. Except where otherwise specified in Annex I to this Regulation, Article 3 of Regulation (EC) No 847/96 shall apply to stocks subject to a precautionary TAC, and Article 3(2) and (3) and Article 4 of that Regulation shall apply to stocks subject to an analytical TAC.
4. Articles 3 and 4 of Regulation (EC) No 847/96 shall not apply where a Member State uses the year-to-year flexibility provided for in Article 15(9) of Regulation (EU) No 1380/2013.
Article 13 -
Remedial measures for cod and whiting in the Celtic Sea
1. The following measures shall apply to Union vessels fishing with bottom trawls and seines in ICES divisions from 7f, 7g, the part of 7h North of latitude 49° 30' North and the part of 7j North of latitude 49° 30' North and East of longitude 11° West:
(a)
Union vessels fishing with bottom trawls whose catches consist of at least 20 % of haddock shall be prohibited from fishing in the area referred to in paragraph 1 unless they use gear with one of the following mesh sizes:
—
110 mm cod-end with 120 mm square-mesh panel,
—
100 mm T90 cod-end,
—
120 mm cod-end,
—
100 mm with 160 mm square-mesh panel until 31 May 2020;
(b)
As from 1 June 2020, in addition to measures referred to in point (a), Union vessels shall use: (i) a fishing gear that is constructed with a minimum of one meter spacing between the fishing line and ground gear, or (ii) any means proven to be at least equally selective for avoidance of cod, according to the assessment by ICES or the STECF;
(c)
Union vessels fishing with bottom seines whose catches consist of at least 20 % of haddock shall be prohibited from fishing in the area referred to in paragraph 1 unless they use gear with one of the following mesh sizes:
—
110 mm cod-end with 120 mm square-mesh panel,
—
100 mm T90 cod-end,
—
120 mm cod-end.
2. Except vessels falling within the scope of Article 9(2) of the Commission Delegated Regulation (EU) 2018/2034 (30), Union vessels fishing with bottom trawls and seines in ICES divisions from 7f to 7k and in the area west of 5° W longitude in ICES division 7e, or Union vessels fishing with bottom trawls in the area of paragraph 1 whose catches consist of less than 20 % of haddock, shall be prohibited from fishing unless they use a minimum cod-end mesh size of at least 100 mm. This minimum cod-end mesh size requirement does not apply to vessels whose by-catches of cod do not exceed 1,5 %, as assessed by the STECF.
3. According to Article 15 of Regulation (EU) No 1380/2013 and Article 27(2) of Regulation (EU) 2019/1241, the catch percentages shall be calculated as the proportion by live weight of all marine biological resources landed after each fishing trip.
4. Union vessels may deploy an alternative highly selective gear to those listed in points (a) and (b) of paragraph 1, the technical attributes of which result, according to a scientific study assessed by the STECF, in catches of less than 1 % of cod.
Article 14 -
Remedial measures for cod in the North Sea
The closed areas to fishing, except with pelagic gear (purse seines and trawls), and the periods during which the closures apply are set out in Annex IV.
Article 15 -
Remedial measures for cod in Kattegat
1. As from 31 May 2020, Union vessels fishing with bottom trawls (gear codes: OTB, OTT, OT, TBN, TBS, TB, TX and PTB) with minimum mesh size of 70 mm shall use one of the following selective gear:
(a)
a sorting grid with maximum 35 mm bar spacing, with an unblocked fish outlet;
(b)
a sorting grid with maximum 50 mm bar spacing separating flatfish and roundfish, with an unblocked fish outlet for roundfish;
(c)
Seltra panel with 300 mm square-mesh size;
(d)
a regulated highly selective gear, the technical attributes of which result, according to the scientific study assessed by the STECF, in catches of less than 1,5 % of cod, if it is the only gear that the vessel carries on board.
2. By 31 March 2020 Member States may identify Union vessels that will have, in a project of a Member State concerned, at the latest on 31 December 2020, equipment installed for fully documented fisheries. Those Union vessels may use gear in accordance with Regulation (EU) 2019/1241. Member States concerned shall communicate the list of those vessels to the Commission.
Article 16 -
Prohibited species
1. It shall be prohibited for Union fishing vessels to fish for, to retain on board, to tranship or to land the following species:
(a)
starry ray (Amblyraja radiata) in Union waters of ICES divisions 2a, 3a and 7d and ICES subarea 4;
(b)
leafscale gulper shark (Centrophorus squamosus) in Union waters of ICES division 2a and subarea 4 and in Union and international waters of ICES subareas 1 and 14;
(c)
Portuguese dogfish (Centroscymnus coelolepis) in Union waters of ICES division 2a and subarea 4 and in Union and international waters of ICES subareas 1 and 14;
(d)
kitefin shark (Dalatias licha) in Union waters of ICES division 2a and subarea 4 and in Union and international waters of ICES subareas 1 and 14;
(e)
birdbeak dogfish (Deania calcea) in Union waters of ICES division 2a and subarea 4 and in Union and international waters of ICES subareas 1 and 14;
(f)
common skate (Dipturus batis) complex (Dipturus cf. flossada and Dipturus cf. intermedia) in Union waters of ICES division 2a and ICES subareas 3, 4, 6, 7, 8, 9 and 10;
(g)
great lanternshark (Etmopterus princeps) in Union waters of ICES division 2a and subarea 4 and in Union and international waters of ICES subareas 1 and 14;
(h)
tope shark (Galeorhinus galeus) when taken with longlines in Union waters of ICES division 2a and subarea 4 and in Union and international waters of ICES subareas 1, 5, 6, 7, 8, 12 and 14;
(i)
porbeagle (Lamna nasus) in all waters;
(j)
thornback ray (Raja clavata) in Union waters of ICES division 3a;
(k)
undulate ray (Raja undulata) in Union waters of ICES subareas 6 and 10;
(l)
whale shark (Rhincodon typus) in all waters;
(m)
common guitarfish (Rhinobatos rhinobatos) in the Mediterranean;
(n)
picked dogfish (Squalus acanthias) in Union waters of ICES subareas 2, 3, 4, 5, 6, 7, 8, 9 and 10, with the exception of avoidance programmes as set out in Annex IA.
2. When accidentally caught, species referred to in paragraph 1 shall not be harmed. Specimens shall be promptly released.
Article 17 -
Data transmission
When, pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, Member States submit to the Commission data relating to landings of quantities of stocks caught and fishing effort, they shall use the stock codes set out in Annex I to this Regulation.
CHAPTER II - Fishing authorisations in third-country waters
Article 18 -
Fishing authorisations
1. The maximum number of fishing authorisations for Union fishing vessels in third-country waters is set out in Part A of Annex V.
2. Where one Member State transfers quota to another Member State (‘swap’) in the fishing areas set out in Part A of Annex V to this Regulation on the basis of Article 16(8) of Regulation (EU) No 1380/2013, the transfer shall include an appropriate transfer of fishing authorisations and shall be notified to the Commission. However, the total number of fishing authorisations for each fishing area, as set out in Part A of Annex V to this Regulation, shall not be exceeded.
CHAPTER III - Fishing opportunities in waters of regional fisheries management organisations
Section 1 - General provisions
Article 19 -
Quota transfers and exchanges
1. Where, under the rules of a regional fisheries management organisation (RFMO), quota transfers or exchanges between the Contracting Parties to the RFMO are permitted, a Member State (‘the Member State concerned’) may discuss with a Contracting Party to the RFMO and, as appropriate, establish a possible outline of an intended quota transfer or exchange.
2. Upon notification to the Commission by the Member State concerned, the Commission may endorse the outline of the intended quota transfer or exchange that the Member State has discussed with the relevant Contracting Party to the RFMO. Thereupon, the Commission shall express, without undue delay, the consent to be bound by such quota transfer or exchange with the relevant Contracting Party to the RFMO. The Commission shall notify the secretariat of the RFMO of the agreed quota transfer or exchange in accordance with the rules of that organisation.
3. The Commission shall inform the Member States of the agreed quota transfer or exchange.
4. The fishing opportunities received from or transferred to the relevant Contracting Party to the RFMO under the quota transfer or exchange shall be deemed to be quotas allocated to, or deducted from, the allocation of the Member State concerned, as of the moment that the quota transfer or exchange takes effect in accordance with the terms of the agreement reached with the relevant Contracting Party to the RFMO or in accordance with the rules of the relevant RFMO, as appropriate. Such allocation shall not change the existing distribution key for the purpose of allocating fishing opportunities among Member States in accordance with the principle of relative stability of fishing activities.
5. This Article shall apply until 31 January 2021 for quota transfers from a RFMO Contracting Party to the Union and their subsequent allocation to Member States.
Section 2 - ICCAT Convention Area
Article 20 -
Fishing, farming and fattening capacity limitations
1. The number of Union bait boats and trolling boats authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the eastern Atlantic shall be limited as set out in point 1 of Annex VI.
2. The number of Union coastal artisanal fishing vessels authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Mediterranean shall be limited as set out in point 2 of Annex VI.
3. The number of Union fishing vessels fishing for bluefin tuna in the Adriatic Sea for farming purposes authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm shall be limited as set out in point 3 of Annex VI.
4. The number of fishing vessels authorised to fish for, retain on board, tranship, transport, or land bluefin tuna in the eastern Atlantic and Mediterranean shall be limited as set out in point 4 of Annex VI.
5. The number of traps engaged in bluefin tuna fishery in the eastern Atlantic and Mediterranean shall be limited as set out in point 5 of Annex VI.
6. The bluefin tuna total farming capacity, and the maximum input of wild caught bluefin tuna allocated to the farms in the eastern Atlantic and Mediterranean shall be limited as set out in point 6 of Annex VI.
7. The maximum number of Union fishing vessels authorised to fish for northern albacore as a target species in accordance with Article 12 of Council Regulation (EC) No 520/2007 (31) shall be limited as set out in point 7 of Annex VI to this Regulation.
8. The maximum number of Union fishing vessels of at least 20 metres length that fish for bigeye tuna in the ICCAT Convention Area shall be limited as set out in point 8 of Annex VI.
Article 21 -
Recreational fisheries
Where appropriate, Member States shall allocate a specific share for recreational fisheries from their allocated quotas as set out in Annex ID.
Article 22 -
Sharks
1. Retaining on board, transhipping or landing any part or whole carcass of bigeye thresher sharks (Alopias superciliosus) caught in any fishery shall be prohibited.
2. It shall be prohibited to undertake a directed fishery for species of thresher sharks of the Alopias genus.
3. Retaining on board, transhipping or landing any part or whole carcass of hammerhead sharks of the Sphyrnidae family (except for the Sphyrna tiburo) caught in fisheries in the ICCAT Convention Area shall be prohibited.
4. Retaining on board, transhipping or landing any part or whole carcass of oceanic whitetip sharks (Carcharhinus longimanus) taken in any fishery shall be prohibited.
5. Retaining on board silky sharks (Carcharhinus falciformis) caught in any fishery shall be prohibited.
Section 3 - CCAMLR Convention Area
Article 23 -
Exploratory fisheries notifications
If a Member State intends to participate in longline exploratory fisheries for toothfish (Dissostichus spp.) in FAO subareas 88.1 and 88.2 as well as in divisions 58.4.1, 58.4.2 and 58.4.3a outside areas of national jurisdiction in 2020, it shall notify the CCAMLR Secretariat in accordance with Articles 7 and 7a of Regulation (EC) No 601/2004 no later than 1 June 2020.
Article 24 -
Limits on exploratory fisheries for toothfish
1. Fishing for toothfish during the 2019-2020 fishing season shall be limited to the Member States, subareas and number of vessels set out in table A of Annex VII for the species, TACs and by-catch limits set out in table B of that Annex.
2. Direct fishing of shark species for purposes other than scientific research shall be prohibited. Any by-catch of shark, especially juveniles and gravid females, taken accidentally in the toothfish fishery shall be released alive.
3. Where applicable, fishing in any small-scale research unit (SSRU) shall be ceased when the reported catch reaches the specified TAC, and the SSRU shall be closed to fishing for the remainder of the season.
4. Fishing shall take place over as large a geographical and bathymetric range as possible to obtain the information necessary to determine fishery potential and to avoid over-concentration of catch and fishing effort. However, fishing in FAO subareas 88.1 and 88.2 as well as in divisions 58.4.1, 58.4.2 and 58.4.3a, where permitted in accordance with paragraph 1, shall be prohibited in depths less than 550 metres.
Article 25 -
Krill fishery during the 2020-2021 fishing season
1. If a Member State intends to fish for krill (Euphausia superba) in the CCAMLR Convention Area during the 2020-2021 fishing season, it shall notify the Commission, no later than 1 May 2020, of its intention to fish for krill, using the format laid down in Part B of the Appendix to Annex VII to this Regulation. On the basis of the information provided by Member States, the Commission shall submit the notifications to the CCAMLR Secretariat no later than 30 May 2020.
2. The notification referred to in paragraph 1 of this Article shall include the information provided for in Article 3 of Regulation (EC) No 601/2004 for each vessel to be authorised by the Member State to participate in the krill fishery.
3. A Member State intending to fish for krill in the CCAMLR Convention Area shall notify its intention to do so only in respect of authorised vessels either flying its flag at the time of the notification or flying the flag of another CCAMLR member that are expected, at the time the fishery takes place, to be flying the flag of that Member State.
4. Member States shall be entitled to authorise participation in a krill fishery by vessels other than those notified to CCAMLR Secretariat in accordance with paragraphs 1, 2 and 3 of this Article, if an authorised vessel is prevented from participation due to legitimate operational reasons or force majeure. In such circumstances the Member States concerned shall immediately inform the CCAMLR Secretariat and the Commission, providing:
(a)
full details of the intended replacement vessel(s), including information provided for in Article 3 of Regulation (EC) No 601/2004;
(b)
a comprehensive account of the reasons justifying the replacement and any relevant supporting evidence or references.
5. Member States shall not authorise a vessel placed on any CCAMLR illegal, unreported and unregulated (IUU) fishing vessel list to participate in krill fisheries.
Section 4 - IOTC Area of Competence
Article 26 -
Limitation of fishing capacity of vessels fishing in the IOTC Area of Competence
1. The maximum number of Union fishing vessels fishing for tropical tunas in the IOTC Area of Competence and the corresponding capacity in gross tonnage shall be as set out in point 1 of Annex VIII.
2. The maximum number of Union fishing vessels fishing for swordfish (Xiphias gladius) and albacore (Thunnus alalunga) in the IOTC Area of Competence and the corresponding capacity in gross tonnage shall be as set out in point 2 of Annex VIII.
3. Member States may reallocate vessels assigned to one of the two fisheries referred to in paragraphs 1 and 2 to the other fishery, provided that they can demonstrate to the Commission that such change does not lead to an increase of fishing effort on the fish stocks involved.
4. Member States shall ensure that, where there is a proposed transfer of capacity to their fleet, vessels to be transferred are on the IOTC record of authorised vessels or on the record of vessels of other tuna RFMOs. Furthermore, no vessels placed on the list of vessels engaged in IUU fishing activities of any RFMO may be transferred.
5. Member States may only increase their fishing capacity beyond the ceilings referred to in paragraphs 1 and 2 within the limits set out in the development plans submitted to the IOTC.
Article 27 -
Drifting FADs and supply vessels
1. A purse seiner shall not deploy more than 300 active drifting FADs at any time.
2. The number of supply vessels shall be no more than two supply vessels in support of not less than five purse seiners, all flying the flag of the same Member State. This provision shall not apply to Member States using only one supply vessel.
3. A single purse seiner shall not be supported by more than one single supply vessel of the same flag Member State at any time.
4. The Union shall not register new or additional supply vessels in the IOTC record of authorised vessels.
Article 28 -
Sharks
1. Retaining on board, transhipping or landing any part or whole carcass of thresher sharks of all the species of the Alopiidae family in any fishery shall be prohibited.
2. Retaining on board, transhipping or landing any part or whole carcass of oceanic whitetip sharks (Carcharhinus longimanus) in any fishery shall be prohibited, except for vessels under 24 metres overall length engaged solely in fishing operations within the exclusive economic zone (EEZ) of the Member State whose flag they fly, and provided that their catch is destined solely for local consumption.
3. When accidentally caught, species referred to in paragraphs 1 and 2 shall not be harmed. Specimens shall be promptly released.
Section 5 - SPRFMO Convention Area
Article 29 -
Pelagic fisheries
1. Only those Member States which have actively exercised pelagic fisheries activities in the SPRFMO Convention Area in 2007, 2008 or 2009 may fish for pelagic stocks in that area in accordance with the TACs set out in Annex IH.
2. The Member States referred to in paragraph 1 shall limit the total level of gross tonnage of vessels flying their flag and fishing for pelagic stocks in 2020 to the total Union level of 78 600 gross tonnage in that area.
3. The fishing opportunities set out in Annex IH may only be used under the condition that Member States send to the Commission the list of vessels actively fishing or engaged in transhipment in the SPRFMO Convention Area, records from vessel monitoring systems, monthly catch reports and, where available, port calls, at the latest by the fifth day of the following month, with the aim of communicating that information to the SPRFMO Secretariat.
Article 30 -
Mobulid rays
1. It shall be prohibited for Union fishing vessels to fish for, to retain on board, to tranship, to land, to store, to offer for sale or to sell any part or whole carcass of Mobulid rays (Mobulidae family which includes the genera Manta and Mobula), except for fishing vessels carrying out subsistence fishery (where the fish caught are consumed directly by the families of the fishermen). By way of derogation from the first sentence, Mobulid rays that are unintentionally caught by artisanal fishing (fisheries other than longline or surface fisheries, i.e. purse seines, pole and line, gillnet fisheries, hand-line and trolling vessels, and registered in the IOTC record of authorised vessels) may be landed for purposes of local consumption only.
2. All fishing vessels, other than those carrying out subsistence fishery, shall promptly release alive and unharmed, to the extent practicable, Mobulid rays as soon as they are seen in the net, on the hook, or on the deck, and shall do it in a manner that will result in the least possible harm to the individuals captured.
Article 31 -
Bottom fisheries
1. Member States shall limit their bottom fishing catch or effort in 2020 in the SPRFMO Convention Area to those parts of the Convention Area where bottom fishing has occurred from 1 January 2002 to 31 December 2006 and to a level that does not exceed the annual average levels of catches or effort parameters in that period. They may fish beyond the track record only if SPRFMO endorses their plan to fish beyond the track record.
2. Member States without a track record in bottom fishing catch or effort in the SPRFMO Convention Area over the period from 1 January 2002 to 31 December 2006 shall not fish, unless SPRFMO endorses their plan to fish without a track record.
Article 32 -
Exploratory fisheries
1. Member States may participate in longline exploratory fisheries for toothfish (Dissostichus spp.) in the SPRFMO Convention Area in 2020 only if the SPRFMO has approved their application for such fisheries that includes a fisheries operation plan and commitment to implement a data collection plan.
2. Fishing shall take place only in the research blocks specified by SPRFMO. Fishing shall be prohibited in depths less than 750 metres and more than 2 000 metres.
3. The TAC shall be as set out in Annex IH. Fishing shall be limited to one trip of a maximum duration of 21 consecutive days and to a maximum number of 5 000 hooks per set, with a maximum of 20 sets per research block. Fishing shall be ceased either when the TAC is reached or if 100 sets have been set and hauled, whichever is earlier.
Section 6 - IATTC Convention Area
Article 33 -
Purse-seine fisheries
1. Fishing by purse seiners for yellowfin tuna (Thunnus albacares), bigeye tuna (Thunnus obesus) and skipjack tuna (Katsuwonus pelamis) shall be prohibited:
(a)
from 00.00 hours on 29 July 2020 to 24.00 hours on 8 October 2020 or from 00.00 hours on 9 November 2020 to 24.00 hours on 19 January 2021 in the area defined by the following limits:
—
the Pacific coastlines of the Americas,
—
longitude 150° W,
—
latitude 40° N,
—
latitude 40° S;
(b)
from 00.00 hours on 9 October 2020 to 24.00 hours on 8 November 2020 in the area defined by the following limits:
—
longitude 96° W,
—
longitude 110° W,
—
latitude 4° N,
—
latitude 3° S.
2. For each of their vessels, Member States concerned shall notify to the Commission before 1 April 2020 the selected period of closure referred to in point (a) of paragraph 1. All purse seiners of the Member States concerned shall stop purse-seine fishing in the areas defined in paragraph 1 during the selected period.
3. Purse seiners fishing for tuna in the IATTC Convention Area shall retain on board and then land or tranship all yellowfin, bigeye and skipjack tuna caught.
4. Paragraph 3 shall not apply in the following cases:
(a)
where the fish is considered unfit for human consumption for reasons other than size, or
(b)
during the final set of a trip when there may be insufficient well space remaining to accommodate all the tuna caught in that set.
Article 34 -
Drifting FADs
1. A purse seiner shall not have more than 450 FADs active at any time in the IATTC Convention Area. A FAD shall be considered active when it is deployed at sea, starts transmitting its location and is being tracked by the vessel, its owner or operator. A FAD shall only be activated on board a purse seiner.
2. A purse seiner may not deploy FADs during the 15 days before the start of the selected closure period referred to in point (a) of Article 33(1), and it shall recover the same number of FADs as initially deployed within 15 days prior to the start of the closure period.
3. Member States shall report to the Commission, on a monthly basis, daily information on all active FADs as required by the IATTC. The reports shall be submitted with a delay of at least 60 days, but not longer than 75 days. The Commission shall transmit that information to the IATTC Secretariat without delay.
Article 35 -
Catch limits for bigeye tuna in longline fisheries
The total annual catches of bigeye tuna by longline vessels of each Member State in the IATTC Convention Area are established in Annex IL.
Article 36 -
Prohibition of fishing for oceanic whitetip sharks
1. It shall be prohibited to fish for oceanic whitetip sharks (Carcharhinus longimanus) in the IATTC Convention Area, and to retain on board, to tranship, to land, to store, to offer for sale or to sell any part or whole carcass of oceanic whitetip sharks caught in that area.
2. When accidentally caught, the species referred to in paragraph 1 shall not be harmed. Specimens shall be promptly released by vessel operators.
3. Vessel operators shall:
(a)
record the number of releases with indication of status (dead or alive);
(b)
report the information specified in point (a) to the Member State of which they are nationals. Member States shall transmit the information collected during the previous year to the Commission by 31 January.
Article 37 -
Prohibition of fishing for Mobulid rays
It shall be prohibited for Union fishing vessels in the IATTC Convention Area to fish for, to retain on board, to tranship, to land, to store, to offer for sale or to sell any part or whole carcass of Mobulid rays (Mobulidae family which includes the genera Manta and Mobula). As soon as Union fishing vessels notice that Mobulid rays have been caught, they shall, wherever possible, promptly release them alive and unharmed.
Section 7 - SEAFO Convention Area
Article 38 -
Prohibition of fishing for deep-water sharks
Directed fishing for the following deep-water sharks in the SEAFO Convention Area shall be prohibited:
Article 39 -
Conditions for bigeye tuna, yellowfin tuna, skipjack tuna and south Pacific albacore fisheries
1. Member States shall ensure that the number of fishing days allocated to purse seiners fishing for bigeye tuna (Thunnus obesus), yellowfin tuna (Thunnus albacares) and skipjack tuna (Katsuwonus pelamis) in the part of the WCPFC Convention Area located in the high seas between 20° N and 20° S does not exceed 403 days.
2. Union fishing vessels shall not target south Pacific albacore (Thunnus alalunga) in the WCPFC Convention Area south of 20° S.
3. Member States shall ensure that catches of bigeye tuna (Thunnus obesus) by longliners do not exceed 2 000 tonnes in 2020.
Article 40 -
Management of fishing with FADs
1. In the part of the WCPFC Convention Area located between 20° N and 20° S, it shall be prohibited for purse seiners to deploy, service or set on FADs between 00.00 hours on 1 July 2020 and 24.00 hours on 30 September 2020.
2. In addition to the prohibition set out in paragraph 1, it shall be prohibited to set on FADs on the high seas of the WCPFC Convention Area, between 20° N and 20° S, for an additional two months: either from 00.00 hours on 1 April 2020 to 24.00 hours on 31 May 2020, or from 00.00 hours on 1 November 2020 to 24.00 hours on 31 December 2020.
3. Paragraph 2 shall not apply in the following cases:
(a)
in the final set of a trip, if the vessel has insufficient well space left to accommodate all fish;
(b)
where the fish is unfit for human consumption for reasons other than size, or
(c)
when a serious malfunction of freezer equipment occurs.
4. Member States shall ensure that each of its purse seiners have deployed at sea, at any time, no more than 350 FADs with activated instrumented buoys. The buoy shall be activated exclusively on board a vessel.
5. All purse seiners fishing in the part of the WCPFC Convention Area referred to in paragraph 1 shall retain on board, tranship and land all bigeye, yellowfin and skipjack tuna caught.
Article 41 -
Limitations to the number of Union fishing vessels authorised to fish for swordfish
The maximum number of Union fishing vessels authorised to fish for swordfish (Xiphias gladius) in areas south of 20° S of the WCPFC Convention Area shall be as set out in Annex IX.
Article 42 -
Catch limits for swordfish in longline fisheries south of 20° S
Member States shall ensure that catches of swordfish (Xiphias gladius) south of 20° S by longliners do not exceed in 2020 the limit set out in Annex IG. Member States shall also ensure that there is no shift of the fishing effort for swordfish to the area north of the 20° S, as a result of that measure.
Article 43 -
Silky sharks and oceanic whitetip sharks
1. Retaining on board, transhipping, landing or storing any part or whole carcass of the following species in the WCPFC Convention Area shall be prohibited:
2. When accidentally caught, species referred to in paragraph 1 shall not be harmed. Specimens shall be promptly released.
Article 44 -
Overlap area between IATTC and WCPFC
1. Vessels listed exclusively in the WCPFC register shall apply the measures set out in this Section when fishing in the overlap area between IATTC and WCPFC as defined in point (v) of Article 4.
2. Vessels listed in both the WCPFC register and the IATTC register and vessels listed exclusively in the IATTC register shall apply the measures set out in Article 33(1)(a), (2), (3) and (4) and Articles 34, 35 and 36 when fishing in the overlap area between IATTC and WCPFC as defined in point (v) of Article 4.
Section 9 - Bering Sea
Article 45 -
Prohibition on fishing in the high seas of the Bering Sea
Fishing for pollock (Gadus chalcogrammus) in the high seas of the Bering Sea shall be prohibited.
Section 10 - SIOFA Agreement Area
Article 46 -
Interim bottom fishing measures
1. Member States whose vessels have fished for more than 40 days in any given year in the SIOFA Agreement Area up to 2016 shall ensure that fishing vessels flying their flag limit their annual bottom fishing effort and/or catch to its average annual level and that fishing activities take place within the area assessed in their impact assessment submitted to SIOFA.
2. Member States whose vessels have not fished for more than 40 days in any given single year in the SIOFA Agreement Area up to 2016 shall ensure that vessels flying their flag limit their bottom fishing effort and/or catch and spatial distribution in accordance with their historical fishing record.
TITLE III - FISHING OPPORTUNITIES FOR THIRD-COUNTRY VESSELS IN UNION WATERS
Article 47 -
Fishing vessels flying the flag of Norway and fishing vessels registered in the Faroe Islands
Fishing vessels flying the flag of Norway and fishing vessels registered in the Faroe Islands shall be authorised to fish in Union waters within the TACs set out in Annex I to this Regulation and shall be subject to the conditions provided for in this Regulation and in Title III of Regulation (EU) 2017/2403.
Article 48 -
Fishing vessels flying the flag of Venezuela
Fishing vessels flying the flag of Venezuela shall be subject to the conditions provided for in this Regulation and in Title III of Regulation (EU) 2017/2403.
Article 49 -
Fishing authorisations
The maximum number of fishing authorisations for third-country vessels fishing in Union waters shall be as set out in Part B of Annex V.
Article 50 -
Conditions for landing catches and by-catches
The conditions specified in Article 7 shall apply to catches and by-catches of third-country vessels fishing under the authorisations referred to in Article 49.
Article 51 -
Closed fishing seasons
Third-country vessels authorised to fish for sandeel and associated by-catches in Union waters of ICES subarea 4 shall not fish for sandeel in that area with demersal trawl, seine or similar towed gear with a mesh size of less than 16 mm from 1 January to 31 March 2020 and from 1 August to 31 December 2020.
Article 52 -
Prohibited species
1. It shall be prohibited for third-country vessels to fish for, to retain on board, to tranship or to land the following species whenever they are found in Union waters:
(a)
starry ray (Amblyraja radiata) in Union waters of ICES divisions 2a, 3a and 7d and ICES subarea 4;
(b)
common skate (Dipturus batis) complex (Dipturus cf. flossada and Dipturus cf. intermedia) in Union waters of ICES division 2a and ICES subareas 3, 4, 6, 7, 8, 9 and 10;
(c)
tope shark (Galeorhinus galeus) when taken with longlines in Union waters of ICES division 2a and ICES subareas 1, 4, 5, 6, 7, 8, 12 and 14;
(d)
kitefin shark (Dalatias licha), birdbeak dogfish (Deania calcea), leafscale gulper shark (Centrophorus squamosus), great lanternshark (Etmopterus princeps) and Portuguese dogfish (Centroscymnus coelolepis) in Union waters of ICES division 2a and ICES subareas 1, 4 and 14;
(e)
porbeagle (Lamna nasus) in Union waters;
(f)
thornback ray (Raja clavata) in Union waters of ICES division 3a;
(g)
undulate ray (Raja undulata) in Union waters of ICES subareas 6, 9 and 10;
(h)
common guitarfish (Rhinobatos rhinobatos) in the Mediterranean;
(i)
whale shark (Rhincodon typus) in all waters;
(j)
picked dogfish (Squalus acanthias) in Union waters of ICES subareas 2, 3, 4, 5, 6, 7, 8, 9 and 10.
2. When accidentally caught, the species referred to in paragraph 1 shall not be harmed. Specimens shall be promptly released.
TITLE IV - FINAL PROVISIONS
Article 53 -
Committee procedure
1. The Commission shall be assisted by the Committee for Fisheries and Aquaculture established by Regulation (EU) No 1380/2013. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Article 54 -
Transitional provision
Article 10, Article 12(2), Articles 16, 22, 23, 28, 36, 37, 38, 43, 45 and 52 shall continue to apply, mutatis mutandis, in 2021 until the entry into force of the Regulation fixing the fishing opportunities for 2021.
Article 55 -
Entry into force
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2020. However, Article 9 shall apply from 1 February 2020. The provisions on fishing opportunities set out in Articles 23, 24 and 25 and Annex VII for certain stocks in the CCAMLR Convention Area shall apply from 1 December 2019.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
