Legal provisions of COM(2023)587 - Fixing for 2024, 2025 and 2026 of the fishing opportunities for certain fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters, and amending Regulation (EU) 2023/194 as regards deep-sea stocks - Main contents
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| dossier | COM(2023)587 - Fixing for 2024, 2025 and 2026 of the fishing opportunities for certain fish stocks, applicable in Union waters and, for ... |
|---|---|
| document | COM(2023)587  |
| date | January 10, 2024 |
Contents
- TITLE I - GENERAL PROVISIONS
- TITLE II - FISHING OPPORTUNITIES FOR UNION FISHING VESSELS
- Chapter I - General provisions
- Chapter II - Fishing authorisations in third country waters
- Chapter III - Fishing opportunities managed by regional fisheries management organisations
- TITLE III - FISHING OPPORTUNITIES FOR THIRD COUNTRY FISHING VESSELS IN UNION WATERS
- TITLE IV - FINAL PROVISIONS
TITLE I - GENERAL PROVISIONS
Article 1
Subject matter
1. This Regulation fixes fishing opportunities for certain fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters.
2. The fishing opportunities referred to in paragraph 1 include:
| (a) | catch limits for the year 2024 and, where specified in this Regulation, also for the years 2025 and 2026; |
| (b) | fishing effort limits for the year 2024, except the fishing effort limits set out in Annex II, which are to apply from 1 February 2024 to 31 January 2025; |
| (c) | fishing opportunities for the period from 1 December 2023 to 30 November 2024 for certain stocks in the CCAMLR Convention area and for certain stocks in the SIOFA Agreement Area. |
Article 2
Scope
1. This Regulation applies to the following fishing vessels:
| (a) | Union fishing vessels; and |
| (b) | third country fishing vessels in Union waters. |
2. This Regulation also applies to:
| (a) | certain recreational fisheries expressly referred to in the relevant provisions of this Regulation; and |
| (b) | commercial fisheries from shore. |
Article 3
Definitions
For the purposes of this Regulation, the definitions in Article 4 of Regulation (EU) No 1380/2013 shall apply. In addition, the following definitions shall apply:
| (a) | ‘third country fishing 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 in the context of recreation, tourism or sport; |
| (c) | ‘international waters’ means waters outside the sovereignty or jurisdiction of any State; |
| (d) | ‘total allowable catch’ (TAC) means:
|
| (e) | ‘quota’ means a proportion of a TAC that is allocated to the Union, a Member State or a third country; |
| (f) | ‘analytical assessment’ means a quantitative evaluation of trends in a given stock, based on data about the stock’s biology and exploitation, including based on proxies, which scientific review has indicated to be of sufficient quality to provide scientific advice; |
| (g) | ‘analytical TAC’ means a TAC for which an analytical assessment is available; |
| (h) | ‘precautionary TAC’ means a TAC for which an analytical assessment is not available but rather an assessment based on the precautionary approach is available or no assessment is available; |
| (i) | ‘mesh size’ means the mesh size of fishing nets as defined in Article 6, point (34), of Regulation (EU) 2019/1241; |
| (j) | ‘Union fishing fleet register’ means the register set up by the Commission pursuant to Article 24(3) of Regulation (EU) No 1380/2013; |
| (k) | ‘fishing logbook’ means the logbook referred to in Article 14 of Regulation (EC) No 1224/2009; |
| (l) | ‘instrumented buoy’ means a buoy clearly marked with a unique reference number allowing identification of its owner and equipped with a satellite tracking system to monitor its position; |
| (m) | ‘operational buoy’ means any instrumented buoy, previously activated, switched on and deployed at sea on a drifting fish aggregating device (FAD) or log, which transmits positions and other available information such as echo-sounder estimates. |
Article 4
Fishing zones
For the purposes of this Regulation, the following fishing zone definitions apply:
| (a) | ‘ICES (International Council for the Exploration of the Sea) zones’ means the geographical areas specified in Annex III to Regulation (EC) No 218/2009 of the European Parliament and of the Council (20); |
| (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 the 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 ICES division 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 (Commission for the Conservation of Antarctic Marine Living Resources) Convention area’ means the geographical area defined in the Convention on the conservation of Antarctic marine living resources (21); |
| (l) | ‘CECAF (Committee for Eastern Central Atlantic Fisheries) areas’ means the geographical areas specified in Annex II to Regulation (EC) No 216/2009 of the European Parliament and of the Council (22); |
| (m) | ‘IATTC (Inter-American Tropical Tuna Commission) Convention area’ means 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 (Antigua Convention) (23); |
| (n) | ‘ICCAT (International Commission for the Conservation of Atlantic Tunas) Convention area’ means the geographical area defined in the International Convention for the Conservation of Atlantic Tunas (24); |
| (o) | ‘IOTC (Indian Ocean Tuna Commission) Area of Competence’ means the geographical area defined in the Agreement for the establishment of the Indian Ocean Tuna Commission (25); |
| (p) | ‘NAFO (Northwest Atlantic Fisheries Organisation) areas’ means the geographical areas specified in Annex III to Regulation (EC) No 217/2009 of the European Parliament and of the Council (26); |
| (q) | ‘the NAFO Convention Area’ means the geographical areas defined in the Convention on Cooperation in the Northwest Atlantic Fisheries (27); |
| (r) | ‘the NAFO Regulatory Area’ means the part of the NAFO Convention Area which is beyond national jurisdiction; |
| (s) | ‘SEAFO (South East Atlantic Fisheries Organisation) Convention area’ means the geographical area defined in the Convention on the Conservation and Management of Fishery Resources in the South-East Atlantic Ocean (28); |
| (t) | ‘SIOFA (Southern Indian Ocean Fisheries Agreement) Agreement Area’ means the geographical area defined in the Southern Indian Ocean Fisheries Agreement (29); |
| (u) | ‘SPRFMO (South Pacific Regional Fisheries Management Organisation) Convention area’ means the geographical area defined in the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean (30); |
| (v) | ‘WCPFC (Western and Central Pacific Fisheries Commission) Convention area’ means the geographical area defined in the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (31); |
| (w) | ‘high seas of the Bering Sea’ means 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 seas of the coastal States of the Bering Sea is measured; |
| (x) | ‘overlap area between IATTC and WCPFC Convention areas’ means the geographical area defined by the following limits: longitude 150° W, longitude 130° W, latitude 4° S, latitude 50° S; |
| (y) | ‘GFCM geographical subareas’ means the areas defined in Annex I to Regulation (EU) No 1343/2011 of the European Parliament and of the Council (32). |
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 and certain non-Union waters, their allocation among Member States and, where appropriate, the conditions functionally linked thereto are set out in Annex I.
2. Union fishing vessels may be authorised by the coastal State concerned to fish in waters under the fisheries jurisdiction of the Faroe Islands, Greenland, Norway and in the fishing zone around Jan Mayen subject to the TACs set out in Annex I to this Regulation and subject to the conditions provided for in Article 22 of this Regulation, Part A of Annex V to this Regulation and in Regulation (EU) 2017/2403 of the European Parliament and of the Council (33) and delegated acts adopted by the Commission on the basis of that Regulation.
3. Union fishing vessels may be authorised by the United Kingdom to fish in waters under its fisheries jurisdiction subject to the TACs in Annex I to this Regulation, the conditions provided for in Article 22 of this Regulation and in Regulation (EU) 2017/2403 and delegated acts adopted by the Commission on the basis of that Regulation.
Article 6
TACs to be determined by Member States
1. The TACs set out in Annex I to this Regulation shall, where specified in that Annex, be determined by the Member State concerned.
2. The TACs to be determined by a Member State referred to in paragraph 1 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 in an exploitation of the stock that is:
|
3. By 15 March 2024, each Member State concerned shall submit the following information to the Commission:
| (a) | the TACs that it has determined; |
| (b) | the data that it has collected, assessed and used as a basis for the determination of the TACs; |
| (c) | details as to how the determined TACs 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 fishing vessels flying the flag of a Member State that has a quota and that quota has not been exhausted; or |
| (b) | make up a share of a Union quota that has not been allocated among Member States and that has not been exhausted. |
2. For the purposes of the derogation from the obligation to count catches against the relevant quotas, as provided for in Article 15(8) of Regulation (EU) No 1380/2013, the stocks of non-target species within safe biological limits referred to in that Article are identified in Annex I to this Regulation.
Article 8
Quota exchange mechanism for TACs for unavoidable by-catches
1. In order to take account 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 to 5 shall apply to the TACs identified in Annex IA.
2. 6 % of each quota from the TACs for cod (Gadus morhua) in the Celtic Sea (COD/7XAD34), cod in the West of Scotland (COD/5BE6A), whiting in the Irish Sea (WHG/07A.) and plaice in ICES divisions 7h, 7j and 7k (PLE/7HJK.), and 3 % of each quota from the TAC for whiting in the West of Scotland (WHG/56-14), allocated to each Member State, shall be made available for a pool for quota exchanges (‘the pool’), which shall open on 1 January 2024. Member States without a quota shall have exclusive access to the pool until 31 March 2024.
3. The quantities drawn from the pool may not be exchanged or transferred to the following year. After 31 March 2024, any unused quantities shall be returned to the Member States that initially contributed to the pool.
4. Member States without a quota shall provide in return quotas for stocks listed in Annex IA, Part C, unless the Member State without a quota and the Member State contributing to the pool agree otherwise.
5. The quotas referred to in paragraph 4 shall be of equivalent commercial value, determined on the basis of a market exchange rate or other mutually acceptable exchange rates. In the absence of alternatives, the equivalent commercial value shall be determined on the basis of average Union prices from the previous year, as provided by the European Market Observatory for Fisheries and Aquaculture Products.
6. Where the quota exchange mechanism set out in paragraphs 2 to 5 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 period referred to in Article 1(2), point (b), fishing effort limitations for sole in ICES division 7e are set out in Annex II.
2. At the request of a Member State in accordance with point 7.4 of Annex II, the Commission may adopt an implementing act by which it allocates to that Member State a number of days at sea in addition to those referred to in point 5 of Annex II, on which it may authorise a fishing vessel under its flag to be present in ICES division 7e when carrying on board any regulated gear. The Commission shall adopt that implementing act in accordance with the examination procedure referred to in Article 57(2).
3. At the request of a Member State, the Commission may adopt an implementing act by which it allocates to that Member State a maximum of three days between 1 February 2024 and 31 January 2025, in addition to those referred to in point 5 of Annex II, on which a fishing vessel may be present in ICES division 7e on the basis of an enhanced programme of scientific observer coverage, as referred to in point 8.1 of Annex II. It shall make such an allocation on the basis of the description submitted by that Member State in accordance with point 8.3 of Annex II and following consultation with the STECF. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 57(2).
Article 10
Measures on European seabass fisheries in ICES divisions 4b, 4c and 6a and ICES subarea 7
1. It shall be prohibited for Union fishing vessels, as well as for any commercial fisheries from shore, to fish for European seabass (Dicentrarchus labrax) in ICES divisions 4b and 4c and in ICES subarea 7 or to retain on board, tranship, relocate or land European seabass caught in that area.
2. The prohibition set out in paragraph 1 shall not apply to by-catches of seabass in shore-based commercial netting activities. This exemption applies to historic numbers of beach nets set at pre-2017 levels. Shore-based commercial netting activities shall not target seabass and only unavoidable by-catches of seabass may be landed.
3. By way of derogation from paragraph 1, in January 2024 and from 1 April to 31 December 2024, Union fishing vessels in ICES divisions 4b, 4c, 7d, 7e, 7f and 7h may fish for, retain on board, tranship, relocate or land European seabass caught in that area with the following gear and within the following limits:
| (a) | using demersal trawls (34), for unavoidable by-catches not exceeding 3,8 tonnes per fishing vessel and per year and 5 % of the weight of the total catches of marine organisms on board caught by the fishing vessel concerned per fishing trip; |
| (b) | using seines (35), for unavoidable by-catches not exceeding 3,8 tonnes per fishing vessel and per year and 5 % of the weight of the total catches of marine organisms on board caught by the fishing vessel concerned per fishing trip; |
| (c) | using hooks and lines (36), not exceeding 6,2 tonnes per fishing vessel; |
| (d) | using fixed gillnets (37), for unavoidable by-catches not exceeding 1,6 tonnes per fishing vessel. |
The derogations set out in the first subparagraph, point (c), shall apply to Union fishing vessels that have recorded catches of European seabass using hooks and lines over the period from 1 July 2015 to 30 September 2016.
The derogations set out in the first subparagraph, point (d), shall apply to Union fishing vessels that have recorded catches of European seabass using fixed gillnets over the period from 1 July 2015 to 30 September 2016.
In the case of a replacement of a Union fishing vessel, Member States may allow the derogations to apply to another Union fishing vessel provided that the number of Union fishing vessels subject to each of the derogations and their overall fishing capacity do not increase.
4. The catch limits set out in paragraph 3 shall not be transferable between fishing vessels.
5. In recreational fisheries, including from shore in ICES divisions 4b, 4c, 6a and 7a to 7k:
| (a) | from 1 February to 31 March 2024:
|
| (b) | in January and from 1 April to 31 December 2024:
|
6. Paragraph 5 shall apply without prejudice to more stringent national measures on recreational fisheries.
Article 11
Measures on European seabass fisheries in ICES divisions 8a and 8b
1. France and Spain shall, in accordance with Regulation (EU) 2019/472, ensure that commercial landings and recreational removals of the European seabass in ICES divisions 8a and 8b do not exceed 2 642 tonnes, which corresponds to the FMSY point value as reduced proportionally to take into account the decrease in the biomass, below MSY Btrigger.
2. In recreational fisheries, including from shore, in ICES divisions 8a and 8b:
| (a) | a maximum of one specimen of European seabass may be caught and retained per fisher per day; |
| (b) | fixed nets shall not be used to catch or retain European seabass. |
3. Paragraph 2 shall apply without prejudice to more stringent national measures on recreational fisheries.
Article 12
Measures on recreational fisheries for pollack in ICES subareas 8, 9, 10 and Union waters of CECAF 34.1.1
1. In recreational fisheries, including from shores in ICES subareas 8, 9, 10 and Union waters of CECAF 34.1.1:
| (a) | a maximum of two specimens of pollack (Pollachius pollachius) may be caught and retained per fisher per day. Once that ceiling has been reached, ‘catch and release’ fishing may be carried out; |
| (b) | no specimens of pollack are permitted to be caught and retained from 1 January to 30 April. ‘Catch and release’ fishing may nevertheless be carried out during that period. |
2. Paragraph 1 applies without prejudice to stricter national measures on recreational fishing.
Article 13
Measures on European eel fisheries in Union waters of ICES subareas 3, 4, 6, 7, 8 and 9
1. This Article applies to Union marine and brackish waters of ICES subareas 3, 4, 6, 7, 8 and 9, and to adjacent Union brackish waters. Brackish waters include estuaries, coastal lagoons and transitional waters.
2. This Article does not apply to commercial fishing operations conducted for the exclusive purpose of scientific investigations, provided that those investigations are carried out in compliance with the conditions set out in Article 25 of Regulation (EU) 2019/1241 and that the STECF has confirmed to the Commission and the Member States concerned that such scientific investigations are justified on scientific grounds. The same conditions shall apply by analogy to commercial fishing operations conducted for the exclusive purpose of scientific investigations without a fishing vessel.
3. It shall be prohibited to engage in commercial fishing activities for European eel (Anguilla anguilla) at all life stages for a period of at least six months between 1 April 2024 and 31 March 2025. In addition, Members States and fishers shall undertake all reasonable efforts to minimise and where possible eliminate incidental by-catch of European eel. When accidentally caught, specimens of eel shall not be harmed and shall be promptly released. To that effect, the Member State concerned, either individually or jointly, shall determine one or more closure periods subject to the following:
| (a) | where appropriate, the closure period or periods may differ between Member States or within one Member State from one fishing area to another in order to take account of the geographical and temporal migration pattern of eel at its different life stages; |
| (b) | the closure period or periods shall last for a consecutive or non-consecutive time span of at least six months, which shall apply to all fishers concerned in the relevant fishing area; |
| (c) | the closure period or periods shall be consistent with the conservation objectives set out in Regulation (EC) No 1100/2007, and with national management plans established pursuant to Article 2 of that Regulation; and |
| (d) | the closure period or periods shall cover the main migration period or periods, including the respective peak, of European eel at the respective life stage in the Member State concerned. |
4. By way of derogation from paragraph 3, point (d), for European eel of an overall length of 12 cm or more, the Member States concerned may allow fishing activities for up to a total of 30 consecutive or non-consecutive days, which shall apply to all fishers concerned in the relevant fishing area, during the main migration period. In that case, the Member States concerned shall determine an additional closure of an equivalent period of time during the main migration period or, subsidiarily, just before or after it. In case a Member State allows fishing for non-consecutive days, the fishing gear shall be taken out of the water between any period of non-consecutive days.
5. For European eel of an overall length of 12 cm or more in ICES subarea 3, the closure period or periods referred to in paragraph 3 and the derogation thereof referred to in paragraph 4 shall be agreed by all the Member States concerned so as to ensure an effective protection of eel on its migration from the Baltic Sea into the North Sea. In the absence of such an agreement by 1 March 2024, the closure period shall be 15 September 2024 to 15 March 2025 in Denmark, Germany, Estonia, Latvia, Lithuania, Poland, Finland and Sweden, and without the possibility of the derogation referred to in paragraph 4.
6. By way of further derogation from paragraph 3, point (d), for European eel of an overall length of less than 12 cm, the Member States concerned may allow fishing activities for up to a total of 30 consecutive or non-consecutive days, which shall apply to all fishers concerned in the relevant fishing area, during the main migration period. In addition, the Member States concerned may allow fishing exclusively for restocking for up to an additional 50 days during the main migration period. In both cases, the Member States concerned shall determine an additional closure of an equivalent period of time during the main migration period or, subsidiarily, just before or after it. In case a Member State allows fishing for non-consecutive days, the fishing gear shall be taken out of the water between any period of non-consecutive days.
7. Recreational fisheries of European eel at all life stages shall be prohibited.
8. The Member State concerned, either individually or jointly, shall inform the Commission:
| (a) | by 1 March 2024, about the closure period or periods that it has determined in accordance with paragraphs 3 to 6 together with the supporting information justifying the chosen period or periods; |
| (b) | within 2 weeks after their adoption, of national measures relating to the closure period or periods that it has determined in accordance with paragraph 3 to 6. |
Article 14
Special provisions on allocations of fishing opportunities
1. The allocation of fishing opportunities among Member States set out in this Regulation shall be without prejudice to:
| (a) | exchanges pursuant to Article 16(8) of Regulation (EU) No 1380/2013; |
| (b) | deductions and reallocations pursuant to Article 37 of Regulation (EC) No 1224/2009; |
| (c) | reallocations 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 pursuant to Articles 105, 106 and 107 of Regulation (EC) No 1224/2009; |
| (g) | quota transfers and exchanges pursuant to Articles 23 and 51 of this Regulation. |
2. Stocks subject to precautionary or analytical TACs for the purposes of the year-to-year management of TACs and quotas provided for in Regulation (EC) No 847/96 are identified in Annex I to this Regulation.
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 15
Closed fishing seasons for sandeels
Commercial fishing for sandeels (Ammodytes spp.) with demersal trawl, seine or similar towed gears with a mesh size of less than 16 mm shall be prohibited in ICES divisions 2a and 3a and in ICES subarea 4 from 1 January to 31 March 2024 and from 1 August to 31 December 2024.
Article 16
Remedial measures for cod in the North Sea
1. The areas closed to fishing, except with pelagic gear (purse seines and trawls), and the periods during which the closures apply are set out in Annex IV.
2. Fishing vessels fishing with bottom trawls and seines with minimum mesh size of at least 70 mm in ICES divisions 4a and 4b or at least 90 mm in ICES division 3a, and longlines (38) shall be prohibited from fishing in Union waters of ICES division 4a, north of latitude 58°30′00″N and south of latitude 61°30′00″N, and in Union waters of ICES divisions 3a.20 (Skagerrak), 4a and 4b, north of latitude 57°00′00″N and east of longitude 5°00′00″E.
3. By way of derogation from paragraph 2, fishing vessels referred to in that paragraph may fish in the areas referred to in that paragraph provided that they fulfil at least one of the following criteria:
| (a) | their cod catches do not account for more than 5 % of their total catches per fishing trip; fishing vessels whose cod catches did not exceed 5 % of their total catches in 2017–2019 are presumed to comply with this criterion provided that they continue to use the same gear that they used in that period; this presumption may be rebutted; |
| (b) | a regulated and highly selective bottom trawl or seine is used, resulting, according to a scientific study, in at least a 30 % reduction in cod catches compared to vessels fishing with the baseline mesh size for towed gears, as specified in Part B, point 1.1, of Annex V to Regulation (EU) 2019/1241; such studies may be evaluated by the STECF and in the case of a negative evaluation, the gears in question shall no longer be considered valid for use in the areas referred to in paragraph 2 of this Article; |
| (c) | for fishing vessels fishing with bottom trawls and seines with mesh sizes equal to or larger than 100 mm (TR1), the following highly selective gears are used:
|
| (d) | for fishing vessels fishing with bottom trawls and seines with mesh sizes equal to or larger than 70 mm in ICES division 4a and 90 mm in ICES division 3a, and less than 100 mm (TR2), the following highly selective gears are used:
|
| (e) | fishing vessels are subject to a national cod avoidance plan to sustain cod catches in line with the fishing mortality corresponding to the fishing opportunities fixed, based on scientific advice levels, through spatial or technical measures, or a combination thereof; such plans shall be assessed no later than two months following their implementation, by the STECF in the case of Member States or by the relevant national scientific body in the case of third countries, and, where deemed necessary, further revised if such assessments find that the objective of the national cod avoidance plan will not be met. |
4. Member States shall enhance the monitoring, control and surveillance of fishing vessels referred to in paragraph 2 in order to ensure compliance with the conditions laid down in paragraph 3.
5. This Article shall not apply to fishing operations conducted for the exclusive purpose of scientific investigations, provided that those investigations are carried out in compliance with Article 25 of Regulation (EU) 2019/1241.
Article 17
Technical measures for the Celtic Sea, the Irish Sea and the West of Scotland
1. The following shall apply to fishing vessels fishing with bottom trawls and seines in ICES divisions 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) | fishing vessels fishing with bottom trawls or seines shall use gear with one of the following mesh sizes:
|
| (b) | in addition, fishing vessels fishing with bottom trawls whose catches weighed before any discards consist of at least 20 % of haddock shall use a fishing gear that is constructed with a minimum of one meter spacing between the fishing line and ground gear. Member States may exempt from the application of this point fishing vessels fishing with bottom trawls whose catches, weighed before any discards, consist of less than 1,5 % of cod, provided those vessels are subject to a progressive increase of observer coverage at sea up to at least 20 % of all their fishing trips; |
| (c) | fishing vessels fishing with bottom trawls or seines with catches comprising more than 30 % of Norway lobster shall use one of the following gears:
|
| (d) | fishing vessels fishing with bottom trawls or seines with catches comprising more than 55 % of whiting or 55 % of anglerfish, hake or megrim combined, shall use one of the following gears:
|
2. The following shall apply to fishing vessels fishing with bottom trawls or seines in ICES divisions 6a and 5b, within Union waters, East of 12°W (West of Scotland) in Norway lobster (Nephrops norvegicus) fisheries:
| (a) | fishing vessels shall use a square mesh panel (positioning retained) of at least 300 mm for vessels deploying a cod-end mesh size less than 100 mm; for vessels below 12 m in length over all and/or with engine power of 200 kW or less, the panel overall length may be 2 m and the panel 200 mm; |
| (b) | fishing vessels with catches comprising more than 30 % of Norway lobster shall use a square mesh panel (positioning retained) of at least 160 mm for vessels deploying a cod-end mesh size of 100-119 mm. |
3. The following shall apply to fishing vessels fishing with bottom trawls or seines in ICES division 7a (Irish Sea):
| (a) | fishing vessels fishing with bottom trawls or seines with a cod-end mesh size equal to or larger than 70 mm and smaller than 100 mm and with catches comprising more than 30 % of Norway lobster shall use one of the following gears:
|
| (b) | fishing vessels equal to or greater than 12 meters in length overall operating with bottom trawls or seines with catches comprising more than 10 % of haddock, cod and skates and rays combined, shall use 120 mm cod-end. |
4. The catch percentages in paragraphs 1 and 2 of this Article shall be calculated as the proportion by live weight of all marine biological resources landed after each fishing trip, in accordance with Article 15 of Regulation (EU) No 1380/2013 and Article 27(2) of Regulation (EU) 2019/1241.
5. It shall be prohibited for fishing vessels to fish with bottom trawls and seines in the following zones:
| (a) | ICES divisions from 7f to 7k, |
| (b) | in the area West of 5° W longitude in ICES division 7e and |
| (c) | in ICES divisions 7b and 7c. |
This prohibition shall not apply to fishing vessels in case:
| (i) | they use a cod-end mesh size of at least 100 mm, or |
| (ii) | their by-catches of cod do not exceed 1,5 %, as assessed by the STECF, when fishing outside the areas mentioned in paragraph 1. |
Article 18
Technical measures for red seabream in ICES subareas 6 to 8
1. A minimum conservation reference size of 36 cm shall apply for the catches of red seabream (Pagellus bogaraveo) in ICES subareas 6 to 8.
2. A minimum conservation reference size of 40 cm shall apply for the recreational catches of red seabream in ICES sub-areas 6 and 7.
3. From 1 January to 30 June 2024, all fishing for red seabream in ICES sub-areas 6, 7 and 8 shall be prohibited to fishing vessels flying the French flag.
4. From 1 February to 30 September 2024, fishing with bottom set longlines (LLS) and bottom trawls (OTB) shall be prohibited in the western area of the Cantabrian Sea, opposite to Asturias and Galicia.
5. Recreational fisheries for red seabream shall be prohibited within the following geographical areas: Area RF 1 (Cariño/Celeiro), Area RF 2 (Ribadeo), Area RF 3 (Navia), Area RF 4 (Ensenada Canero), Area RF 5 (Ensenada de Cabrera/Ría San Martín de la Arena), Area RF 6 (Ría de Treto), Area RF 7 (Bilbao/Plentzia), Area RF 8 (Bermeo/Mundaka).
Article 19
Remedial measures for cod in the Kattegat
1. Union fishing vessels fishing in the Kattegat with bottom trawls (39) with minimum mesh size of 70 mm shall use one of the following selective gears:
| (a) | sorting grid with maximum 35 mm bar spacing, with an unblocked fish outlet; |
| (b) | 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) | regulated highly selective gear, the technical attributes of which shall result, according to a scientific study assessed by the STECF, for fishing vessels exclusively carrying on board such a gear, in less than 1,5 % of catches of cod. |
2. Union fishing vessels participating in a project run by a Member State and having functioning equipment for fully documented fisheries may use a gear in accordance with Part B of Annex V to Regulation (EU) 2019/1241. By 31 March 2024, the Member State in question shall communicate a list of such vessels to the Commission.
3. This Article shall not apply to fishing operations conducted for the exclusive purpose of scientific investigations, provided that those investigations are carried out in compliance with Article 25 of Regulation (EU) 2019/1241.
Article 20
Prohibited species
1. Union fishing vessels shall not fish for, retain on board, tranship or land the following species:
| (a) | starry ray (Amblyraja radiata) in United Kingdom and Union waters of ICES subarea 4 and division 7d; United Kingdom waters of division 2a; and Union waters of division 3a; |
| (b) | splendid alfonsino (Beryx splendens) in NAFO subarea 6; |
| (c) | leafscale gulper shark (Centrophorus squamosus) in United Kingdom and Union waters of ICES subarea 4; United Kingdom waters of division 2a; and international waters of ICES subareas 1 and 14; |
| (d) | Portuguese dogfish (Centroscymnus coelolepis) in United Kingdom and Union waters of ICES subarea 4; United Kingdom waters of division 2a; and international waters of ICES subareas 1 and 14; |
| (e) | kitefin shark (Dalatias licha) in United Kingdom and Union waters of ICES subarea 4; United Kingdom waters of division 2a; and international waters of ICES subareas 1 and 14; |
| (f) | birdbeak dogfish (Deania calceus) in United Kingdom and Union waters of ICES subarea 4; United Kingdom waters of division 2a; and international waters of ICES subareas 1 and 14; |
| (g) | common skate (Dipturus batis) complex (Dipturus cf. flossada and Dipturus cf. intermedia) in United Kingdom and Union waters of ICES subareas 4 and 6 to 8; United Kingdom waters of division 2a and subarea 5; and Union waters of subareas 3, 9 and 10; |
| (h) | great lanternshark (Etmopterus princeps) in United Kingdom and Union waters of ICES subarea 4; United Kingdom waters of division 2a; and international waters of ICES subareas 1 and 14; |
| (i) | tope shark (Galeorhinus galeus) when taken with longlines in United Kingdom and Union waters of ICES subareas 4; United Kingdom waters of division 2a; United Kingdom and international waters of subarea 5; United Kingdom, Union and international waters of subareas 6 to 8; and international waters of subareas 12 and 14; |
| (j) | porbeagle (Lamna nasus) in all waters; |
| (k) | thornback ray (Raja clavata) in Union waters of ICES division 3a; |
| (l) | undulate ray (Raja undulata) in United Kingdom and Union waters of ICES subarea 6; and Union waters of ICES subarea 10; |
| (m) | whale shark (Rhincodon typus) in all waters; |
| (n) | common guitarfish (Rhinobatos rhinobatos) in the Mediterranean. |
2. When accidentally caught, specimens of the species referred to in paragraph 1 shall not be harmed and shall be promptly released.
Article 21
Data transmission
When Member States submit to the Commission data relating to landings and fishing effort pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, they shall use the stock codes set out in Annex I to this Regulation.
Chapter II - Fishing authorisations in third country waters
Article 22
Fishing authorisations
1. The maximum numbers of fishing authorisations for Union fishing vessels in third country waters, where applicable, are set out in Part A of Annex V.
2. Where, in accordance with Article 16(8) of Regulation (EU) No 1380/2013, a Member State, after notifying the Commission, transfers quota to another Member State in the fishing areas set out in Part A of Annex V to this Regulation, the transfer shall be accompanied, where relevant, by an appropriate transfer of fishing authorisations. The total number of authorisations for each fishing area, as set out in Part A of Annex V to this Regulation, shall not be exceeded. That transfer of fishing authorisations shall be notified by the transferring Member State to the Commission at the time of the notification to the Commission of the quota transfer.
Chapter III - Fishing opportunities managed by regional fisheries management organisations
Section 1
General provisions
Article 23
Quota transfers and exchanges
1. Where the rules of a regional fisheries management organisation (RFMO) permit quota transfers or exchanges between the Contracting Parties to that RFMO, a Member State (‘the Member State concerned’) may discuss with a Contracting Party to that RFMO and establish a possible outline of an intended quota transfer or exchange, as appropriate. The Member State concerned shall notify the Commission of the outline.
2. On being notified in accordance with paragraph 1, the Commission may endorse the outline of the intended quota transfer or exchange. If the Commission endorses the outline, it shall express, without undue delay, the consent to be bound by the intended quota transfer or exchange. It shall notify the secretariat of the RFMO of the transfer or exchange in accordance with the rules of that RFMO.
3. The Commission shall inform the Member States of any agreed quota transfer or exchange.
4. The fishing opportunities received or transferred by the Member State concerned under the quota transfer or exchange shall be deemed to be quotas added to, or deducted from, its allocation as of the moment when the transfer or exchange takes effect under the terms of the agreement with the relevant Contracting Party to the RFMO or in accordance with the rules of the relevant RFMO, as appropriate. Such transfers and exchanges shall not affect the distribution key for allocating fishing opportunities among Member States in accordance with the principle of relative stability of fishing activities.
Section 2
NEAFC Convention area
Article 24
Redfish in the Irminger Sea
1. All fishing activities shall be prohibited in the area bounded by the following coordinates measured according to the WGS84 system:
| Latitude | Longitude |
| 63°00'N | 30°00'W |
| 61°30'N | 27°35'W |
| 60°45'N | 28°45'W |
| 62°00'N | 31°35'W |
| 63°00'N | 30°00'W |
2. Fishing vessels shall be prohibited from fishing, retaining on board, transhipping or landing in Union ports and Union fishing vessels also in third country ports shallow pelagic and deep pelagic beaked redfish (Sebastes mentella) from the Irminger Sea and adjacent waters (ICES subareas 5, 12 and 14, and NAFO subareas 1 and 2).
3. Union fishing vessels shall be prohibited from participating in transhipment operations involving the stocks referred to in paragraph 2.
4. Union vessels shall be prohibited from refuelling or providing support services to fishing vessels with catches of the stocks referred to in paragraph 2.
Section 3
ICCAT Convention area
Article 25
Fishing, farming and fattening capacity limitations
1. The number of Union bait boats and trolling boats authorised to fish actively for bluefin tuna (Thunnus thynnus) 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 Union 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 maximum number of Union fishing vessels authorised to fish for northern albacore (Thunnus alalunga) as a target species in accordance with Article 17 of Regulation (EU) 2017/2107 (40) shall be limited as set out in point 7 of Annex VI to this Regulation.
7. The maximum number of Union fishing vessels of at least 20 m length fishing for bigeye tuna (Thunnus obesus) in the ICCAT Convention area shall be limited as set out in point 8 of Annex VI.
Article 26
Recreational fisheries
Where appropriate, Member States shall allocate a specific share from their allocated quotas to recreational fisheries, as set out in Annex ID.
Article 27
Sharks
1. It shall be prohibited to retain on board, tranship or land any part or whole carcass of bigeye thresher sharks (Alopias superciliosus) caught in any fishery.
2. It shall be prohibited to engage in directed fishery for species of thresher sharks of the Alopias genus.
3. It shall be prohibited to retain on board, tranship or land any part or whole carcass of hammerhead sharks of the Sphyrnidae family (except Sphyrna tiburo) caught in fisheries in the ICCAT Convention area.
4. It shall be prohibited to retain on board, tranship or land any part or whole carcass of oceanic whitetip sharks (Carcharhinus longimanus) caught in any fishery.
5. It shall be prohibited to retain on board silky sharks (Carcharhinus falciformis) caught in any fishery.
6. It shall be prohibited to retain on board, tranship or land any part or whole carcass of North Atlantic shortfin mako (Isurus oxyrinchus) caught in fisheries in the ICCAT Convention area.
Article 28
FADs for tropical tunas
1. It shall be prohibited to use FADs in the ICCAT Convention area from 1 January to 12 March 2024.
2. From 17 December 2023 to 31 December 2023, Member States shall ensure that their fishing vessels do not deploy FADs. Each fishing vessel shall have no more than 300 FADs with operational buoys deployed at any time in the ICCAT Convention area.
3. Member States shall report to the Commission historical data on fishing gear set around FADs by their purse seine vessels by 30 June 2024. If a Member State does not report those data by that date, fishing vessels flying its flag shall not set fishing gear around FADs until the Commission receives those data from that Member State for further reporting to ICCAT.
Section 4
CCAMLR Convention area
Article 29
Exploratory fisheries notifications for toothfish for the 2024-2025 fishing season
1. Member States may participate in, or authorise their fishing vessels to participate in, longline exploratory fisheries for toothfish (Dissostichus spp.) in FAO subareas 48.6, 88.1 and 88.2 and FAO divisions 58.4.1, 58.4.2 and 58.4.3a outside areas of national jurisdiction for fishing in the period from 1 December 2024 to 30 November 2025, in accordance with Article 7(2) to (7) of Council Regulation (EC) No 601/2004 (41).
2. By way of derogation from the deadlines set out in Article 7(5) and (6) of Regulation (EC) No 601/2004, those Member States intending to do so shall notify the CCAMLR Secretariat no later than 1 June 2024.
Article 30
Toothfish fishery during the 2023-2024 fishing season
1. In addition to the special requirements for exploratory fisheries set out in Article 7a of Regulation (EC) No 601/2004, fishing for toothfish in the period from 1 December 2023 to 30 November 2024 shall be limited to the Member States, subareas and number of fishing vessels set out in Table A in Annex VII, and the TACs and by-catch limits set out in Table B in that Annex shall apply.
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 for toothfish in any small-scale research unit (SSRU) shall cease when the reported catch reaches the specified TAC, and the SSRU shall be closed to fishing for the remainder of the fishing season.
4. Fishing shall take place over a geographical and bathymetric range as large as possible, so as to obtain the information necessary to determine fishery potential and avoid an overconcentration of catch and fishing effort. However, fishing in FAO subareas 48.6, 88.1 and 88.2 shall be prohibited in depths of less than 550 m.
Article 31
Krill fishery during the 2024–2025 fishing season
1. For the purpose of Article 5a of Regulation (EC) No 601/2004, Member States intending to fish for krill (Euphausia superba) in the CCAMLR Convention area during the period from 1 December 2024 to 30 November 2025 shall notify the Commission thereof no later than 1 May 2024, using the form in Part B of the Appendix to Annex VII.
2. By way of derogation from the deadlines set out in Article 7(5) and (6) of Regulation (EC) No 601/2004, and 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 2024.
3. The notification referred to in paragraph 1 of this Article shall include the information provided for in Article 3(2) and (3) of Regulation (EC) No 601/2004 for each fishing vessel to be authorised to participate in the krill fishery.
4. 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 fishing vessels that, at the time of the notification:
| (a) | are flying its flag; or |
| (b) | are flying the flag of another CCAMLR member and are expected to be flying the flag of that Member State at the time the fishery takes place. |
5. Where an authorised fishing vessel notified to the CCAMLR Secretariat in accordance with paragraphs 1, 2 and 3 is prevented from participating in a krill fishery due to legitimate operational reasons or force majeure, the Member State concerned may authorise its replacement by another fishing vessel. In such a case, the Member State concerned shall immediately inform the CCAMLR Secretariat with the Commission in copy, providing:
| (a) | full details of the intended replacement fishing vessel(s), including the information provided for in Article 3(2) and (3) of Regulation (EC) No 601/2004; and |
| (b) | a comprehensive account of the reasons justifying the replacement and any relevant supporting evidence or references. |
Section 5
IOTC Area of Competence
Article 32
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 fishing vessels assigned to one of the 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 in respect of the fish stocks in question.
4. Where a transfer of capacity to the fleet of a Member State is proposed, that Member State shall ensure that fishing vessels to be transferred are on the IOTC record of authorised vessels or on the record of vessels of other RFMOs managing tuna fisheries. Fishing vessels that appear on any RFMO’s list of vessels that have engaged in illegal, unregulated and unreported (IUU) fishing activities may not be transferred.
5. Member States may increase their fishing capacity beyond the ceilings referred to in paragraphs 1 and 2 only within the limits set out in the development plans submitted to the IOTC.
Article 33
Drifting FADs and supply vessels
1. Drifting FADs shall be equipped with instrumented buoys. The use of any other buoys, such as radio buoys, shall be prohibited.
2. A purse seine vessel shall follow no more than 300 operational buoys at any time.
3. No more than 500 instrumented buoys shall be acquired annually for each purse seine vessel. No purse seine vessel shall have more than 500 instrumented buoys, both in stock and operational, at any time.
4. No more than three supply vessels shall operate in support of not less than ten purse seine vessels, all flying the flag of a Member State. This paragraph shall not apply to Member States using only one supply vessel.
5. A single purse seine vessel shall not be supported by more than one supply vessel flying the flag of a Member State at any time.
6. The Union shall not register new or additional supply vessels in the IOTC record of authorised vessels.
Section 6
SPRFMO Convention area
Article 34
Pelagic fisheries
1. Only those Member States that 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 may use the fishing opportunities set out in Annex IH only if they send the following information to the Commission by the fifteenth day of the following month, so that the Commission can communicate it to the SPRFMO Secretariat:
| (a) | a list of vessels actively fishing or engaged in transhipment in the SPRFMO Convention area; |
| (b) | monthly catch reports. |
Section 7
IATTC Convention area
Article 35
Purse seine fisheries
1. Purse seine vessels shall not fish for yellowfin tuna (Thunnus albacares), bigeye tuna (Thunnus obesus) or skipjack tuna (Katsuwonus pelamis):
| (a) | either from 00.00 hours on 29 July 2024 to 24.00 hours on 8 October 2024 or from 00.00 hours on 9 November 2024 to 24.00 hours on 19 January 2025 in the area defined by the following limits:
|
| (b) | from 00.00 hours on 9 October 2024 to 24.00 hours on 8 November 2024 in the area defined by the following limits:
|
2. For each of the fishing vessels referred to in paragraph 1 and flying the flag of a Member State, that flag Member State shall inform the Commission before 1 April 2024 which of the closure periods referred to in paragraph 1, point (a), the fishing vessel has selected.
3. Purse seine vessels fishing for tuna in the IATTC Convention area shall retain on board and then tranship or land all yellowfin, bigeye and skipjack tuna that they catch.
4. Paragraph 3 shall not apply:
| (a) | where the fish is considered unfit for human consumption for reasons other than size; |
| (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 36
Drifting FADs
1. A purse seine vessel shall have no more than 400 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 be activated only on board a purse seine vessel.
2. During the 15 days before the start of the closure period selected in accordance with Article 35(1), point (a), a purse seine vessel shall, in the IATTC Convention area:
| (a) | refrain from deploying FADs; |
| (b) | recover the same number of FADs as initially deployed. |
Article 37
Catch limits for bigeye tuna in longline fisheries
The total annual catches of bigeye tuna in the IATTC Convention area by each Member State’s longline vessels are set out in Annex IL.
Article 38
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, tranship, land, store, offer for sale or sell any part or whole carcass of oceanic whitetip sharks caught in that area.
2. When accidentally caught, specimens of oceanic whitetip sharks shall not be harmed and shall be promptly released by fishing vessel operators.
3. Fishing vessel operators shall record the number of releases with indication of status (dead or alive) and report that information to the Member State of which they are nationals. Member States shall transmit that information collected during 2023 to the Commission by 31 January 2024.
Article 39
Prohibition of fishing for mobulid rays
Union fishing vessels in the IATTC Convention area shall not fish for mobulid rays (Mobulidae family, including the genera Manta and Mobula) and shall not retain on board, tranship, land, store, offer for sale or sell any part or whole carcass of mobulid rays caught in that area. As soon as they notice that mobulid rays have been caught, they shall promptly release them, where possible alive and unharmed.
Section 8
SEAFO Convention area
Article 40
Prohibition of fishing for deep-water sharks
Directed fishing for the following deep-water sharks in the SEAFO Convention area shall be prohibited:
| (a) | ghost catshark (Apristurus manis); |
| (b) | blurred smooth lanternshark (Etmopterus bigelowi); |
| (c) | shorttail lanternshark (Etmopterus brachyurus); |
| (d) | great lanternshark (Etmopterus princeps); |
| (e) | smooth lanternshark (Etmopterus pusillus); |
| (f) | skates (Rajidae); |
| (g) | velvet dogfish (Scymnodon squamulosus); |
| (h) | sharks of the Selachimorpha super-order; |
| (i) | picked dogfish (Squalus acanthias). |
Section 9
WCPFC Convention area
Article 41
Conditions for bigeye tuna, yellowfin tuna, skipjack tuna and South Pacific albacore fisheries
1. Member States shall ensure that no more than 403 fishing days are allocated to purse seine vessels fishing for bigeye tuna (Thunnus obesus), yellowfin tuna (Thunnus albacares) and skipjack tuna (Katsuwonus pelamis) in the high seas areas between 20° N and 20° S of the WCPFC Convention area.
2. Union fishing vessels shall not target South Pacific albacore (Thunnus alalunga) in the WCPFC Convention area south of 20° S.
3. The number of Union fishing vessels authorised to fish for swordfish (Xiphias gladius) in areas south of 20° S of the WCPFC Convention area shall not exceed the limits set out in Annex IX, Table 1.
4. The maximum number of Union purse seine vessels authorised to fish for tropical tuna in the high seas areas between 20° N and 20° S of the WCPFC Convention area shall not exceed the limits set out in Annex IX, Table 2.
Article 42
Management of fishing with FADs
1. In the part of the WCPFC Convention area located between 20° N and 20° S, purse seine vessels shall not deploy, service or set nets on FADs between 00.00 hours on 1 July 2024 and 24.00 hours on 30 September 2024.
2. In addition to the prohibition in paragraph 1, it shall be prohibited to set nets on FADs on the high seas of the WCPFC Convention area located between 20° N and 20° S for two additional months, either from 00.00 hours on 1 April 2024 to 24.00 hours on 31 May 2024, or from 00.00 hours on 1 November 2024 to 24.00 hours on 31 December 2024.
3. Each Member State concerned shall determine which of the closure periods referred to in paragraph 2 shall apply to purse seine vessels flying its flag. The Member States shall inform the Commission by 15 February 2024 of the closure period selected. The Commission shall notify the secretariat of the WCPFC of the closure periods selected by Member States before 1 March 2024.
4. Each Member State shall ensure that none of its purse seine vessels deploy at sea, at any time, more than 350 FADs with activated instrumented buoys. Buoys shall be activated exclusively on board a purse seine vessel.
Article 43
Maximum 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 of the WCPFC Convention area south of 20° S shall be as set out in Annex IX.
Article 44
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 in 2024 do not exceed the limit set out in table 2 of Annex IG. They shall also ensure that this does not result in a shift of the fishing effort for swordfish to the area north of 20° S.
Section 10
Bering Sea
Article 45
Prohibition on fishing for pollock in the high seas of the Bering Sea
It shall be prohibited to fish for pollock (Gadus chalcogrammus) in the high seas of the Bering Sea.
Section 11
SIOFA Agreement Area
Article 46
Limits to bottom fishing
Member States shall ensure that fishing vessels flying their flag that fish in the SIOFA Agreement Area:
| (a) | limit their annual bottom fishing effort to the level set out in Annex X; |
| (b) | do not bottom fish except using demersal longlines; and |
| (c) | do not fish in the interim protected areas of Atlantis Bank, Coral, Fools Flat, Middle of What and Walter’s Shoal, as defined in Annex IK, except with demersal longlines and on condition of having a scientific observer on board at all times while fishing in those areas. |
Article 47
Toothfish fishery measures
Member States shall ensure that fishing vessels flying their flag that fish for toothfish (Dissostichus spp.) in the SIOFA Agreement Area:
| (a) | do not fish in depths shallower than 500 metres; |
| (b) | have at least one scientific observer on board at all times who shall have a target of observing 25 % of hooks hauled per line over the duration of the fishing deployment; and |
| (c) | tag and release toothfish specimens at a rate of at least five fish per tonne of green weight caught. Once 30 or more toothfish have been caught a minimum overlap statistic of at least 60 % shall apply for tag release. |
Article 48
Prohibition of targeting deep-water sharks
Directed fishing for the following deep-water sharks in the SIOFA Agreement Area shall be prohibited:
| (a) | Portuguese dogfish (Centroscymnus coelolepis), except in the context of the by-catch allowance as set out in Annex IK; |
| (b) | birdbeak dogfish (Deania calceus); |
| (c) | gulper shark (Centrophorus granulosus); |
| (d) | kitefin shark (Dalatias licha); |
| (e) | Bach’s catshark (Bythaelurus bachi); |
| (f) | dark-mouth chimaera (Chimaera buccanigella); |
| (g) | the Falkor chimaera (Chimaera didierae); |
| (h) | seafarer’s ghostshark (Chimaera willwatchi); |
| (i) | longnose velvet dogfish (Centroselachus crepidater); |
| (j) | plunket shark (Scymnodon plunketi); |
| (k) | velvet dogfish (Zameus squamulosus); |
| (l) | whitecheek lanternshark (Etmopterus alphus); |
| (m) | smallbelly catshark (Apristurus indicus); |
| (n) | Pacific longnose chimaera (Harriotta raleighana); |
| (o) | narrowhead catshark (Bythaelurus tenuicephalus); |
| (p) | frilled shark (Chlamydoselachus anguineus); |
| (q) | bigeyed six-gill shark (Hexanchus nakamurai); |
| (r) | smooth lanternshark (Etmopterus pusillus); |
| (s) | southern sleeper shark (Somniosus antarcticus); |
| (t) | goblin shark (Mitsukurina owstoni); |
| (u) | blue-eye lanternshark (Etmopterus viator); |
| (v) | blurred smooth lanternshark (Etmopterus bigelowi); |
| (w) | leafscale gulper shark (Centrophorus squamosus); |
| (x) | little gulper shark (Centrophorus uyato); |
| (y) | shortspine spurdog (Squalus mitsukurii); |
| (z) | longsnout dogfish (Deania quadrispinosa); |
| (za) | arrowhead dogfish (Deania profundorum); |
| (zb) | Cristina’s skate (Bathyraja tunae); |
| (zc) | paddlenose chimaera (Rhinochimaera africana). |
TITLE III - FISHING OPPORTUNITIES FOR THIRD COUNTRY FISHING VESSELS IN UNION WATERS
Article 49
Fishing vessels flying the flag of Norway or of the Faroe Islands
Fishing vessels flying the flag of Norway or of the Faroe Islands may be authorised by the Commission to fish in Union waters subject to the TACs set out in Annex I, and subject to the conditions provided for in this Regulation, in Title III of Regulation (EU) 2017/2403 and in delegated acts adopted by the Commission on the basis of that Regulation.
Article 50
Fishing vessels flying the flag of the United Kingdom, registered in the United Kingdom , the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man, and licensed by a United Kingdom fisheries administration
Fishing vessels flying the flag of the United Kingdom, registered in the United Kingdom, the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man, and licensed by a fisheries administration of the United Kingdom may be authorised by the Commission to fish in Union waters subject to the TACs set out in Annex I, and subject to the conditions provided for in this Regulation, in Regulation (EU) 2017/2403 and in delegated acts adopted by the Commission on the basis of that Regulation.
Article 51
Quota transfers and exchanges with the United Kingdom
1. Any quota transfer or exchange between the Union and the United Kingdom shall take place in accordance with this Article.
2. A Member State intending to transfer or exchange quotas with the United Kingdom may discuss with the United Kingdom an outline of the quota transfer or exchange. The Member State concerned shall notify the Commission of the outline.
3. If the Commission endorses an outline of the quota transfer or exchange referred to in paragraph 2 notified by the Member State concerned, it shall express, without undue delay, the consent to be bound by such quota transfer or exchange. The Commission shall notify the Member States and the United Kingdom of the agreed quota transfer or exchange.
4. The fishing opportunities received from or transferred to the United Kingdom under the agreed quota transfer or exchange shall be deemed to be quotas added to, or deducted from, the allocation of the Member State concerned as of the moment when the quota transfer or exchange has been notified in accordance with paragraph 3. Such transfers and exchanges shall not affect the distribution key for allocating fishing opportunities among Member States in accordance with the principle of relative stability of fishing activities.
Article 52
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, in Title III of Regulation (EU) 2017/2403 and in delegated acts adopted by the Commission on the basis of that Regulation.
Article 53
Fishing authorisations
The maximum number of fishing authorisations for third country fishing vessels operating in Union waters shall be as set out in Part B of Annex V.
Article 54
Conditions for landing catches and by-catches
The conditions laid down in Article 7 shall apply to the catches and by-catches of third country fishing vessels fishing under the fishing authorisations referred to in Article 53.
Article 55
Prohibited species
1. Third country fishing vessels shall not fish for, retain on board, tranship or land the following species where they are found in Union waters:
| (a) | starry ray (Amblyraja radiata) in Union waters of ICES divisions 3a and 7d; and Union waters of ICES subarea 4; |
| (b) | common skate (Dipturus batis) complex (Dipturus cf. flossada and Dipturus cf. intermedia) in Union waters of ICES subareas 3, 4 and 6 to 10; |
| (c) | tope shark (Galeorhinus galeus) when taken with longlines in Union waters of ICES subareas 4 and 6 to 8; |
| (d) | kitefin shark (Dalatias licha), birdbeak dogfish (Deania calceus), leafscale gulper shark (Centrophorus squamosus), great lanternshark (Etmopterus princeps) and Portuguese dogfish (Centroscymnus coelolepis) in Union waters of ICES subarea 4; |
| (e) | porbeagle (Lamna nasus) in all 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 and 10; |
| (h) | common guitarfish (Rhinobatos rhinobatos) in Union waters of the Mediterranean; |
| (i) | whale shark (Rhincodon typus) in all Union waters. |
2. When accidentally caught, specimens of the species referred to in paragraph 1 shall not be harmed and shall be promptly released.
TITLE IV - FINAL PROVISIONS
Article 56
Amendments to Regulation (EU) 2023/194
1. Annex IA, Part B, of Regulation (EU) 2023/194 is amended in accordance with Annex XI, point 2, to this Regulation.
2. Annex IA, Part F, of Regulation (EU) 2023/194 is amended in accordance with Annex XI, point 1, of this Regulation.
Article 57
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 58
Transitional provisions
Articles 9 to 13, 15 to 20, 24, 27, 38, 39, 40, 45, 48 and 55 shall continue to apply, mutatis mutandis, in 2025 until the entry into force of the Regulation fixing the fishing opportunities for 2025.
Article 59
Entry into force and application
This Regulation shall enter into force on the date of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2024 to 31 December 2024.
However:
| (a) | Article 13(1) and (6) shall apply from 1 January 2024 to 31 March 2025; |
| (b) | Article 13(2) to (5) shall apply from 1 April 2024 to 31 March 2025; |
| (c) | Articles 17 and 18 shall cease to apply on the date on which delegated acts introducing corresponding measures become applicable; |
| (d) | Article 23 shall apply from 1 January 2024 to 31 January 2025; |
| (e) | Articles 30 and Annex VII shall apply from 1 December 2023 to 30 November 2024; |
| (f) | Article 28(2) shall apply from 17 December 2023 to 31 December 2023; |
| (g) | Article 35(1), point (a), shall apply from 1 January 2024 to 19 January 2025; |
| (h) | Article 56(2) shall apply from 1 January 2023; |
| (i) | Annex I shall also apply for the year 2025 and 2026, where specified in that Annex; |
| (j) | Annex IK shall apply from 1 December 2023 to 30 November 2024, where specified in that Annex; |
| (k) | Annex II shall apply from 1 February 2024 to 31 January 2025; |
| (l) | the maximum size for picked dogfish (DGS/03A-C., DGS/2AC4-C and DGS/15X14) shall cease to apply on the date on which a delegated act introducing corresponding measures and regulating the treatment of catches of those stocks over 100 cm becomes applicable; |
| (m) | catch and effort limits fixed by this Regulation for the year 2024 and, where specified in this Regulation, also for the years 2025 and 2026, shall continue to apply in 2025, and where relevant in 2026 and 2027, exclusively for the purposes of:
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This Regulation shall be binding in its entirety and directly applicable in all Member States.