Explanatory Memorandum to COM(1977)152 -

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dossier COM(1977)152 - .
source COM(1977)152 EN
date 20-04-1977


In its Regulation (EEC) N° 350/77 of 18 February 1977 laying down certain interim measures for the conservation and management of fishery resources, the Council decided, taking into account the precarious state of North Sea herring stocks, to ban this fishery from 28 February 1977 until 30 April 1977 in sub-area IV and in division VII d defined by the International Council for the Exploration of the Sea,

The Council has also agreed to adopt before the 1st May 1977 the measures to be applied for the remainder of the year. In determining these measures, account shall be taken of the results of the latest available estimates of the North Sea herring stock. As the very precarious stock situation persists, it therefore appears to be indispensable, in order to avoid the collapse of the stock, that all direct fishing of this stock be avoided. The following proposal for a regulation lays down, in consequence, the prorogation of the ban oa the herring fisheiy for the remainder of 1977.

In fact, it iB clear, as indicated in figures 1 and 2 that, following a constant increase in fishing effort, catches of North Sea herring first increased, and then declined rapidly in recent years.    .    ■/.

The spawning stock has declined from a level of more than 1 million tons during the sixties to a level of 200 to 300 thousands tons in 1974-19751

Moreover, total catches of North Sea herring were nearly 200.000 tons in 1976, i.e. of the same order as the spawning stock level. It follows that the latter depends essentially on new recruits for its annual renewal.

The statistical relationships between the size of the spawning stock and the number of recruits (young herrings) shows that the level beyond which recruitment can no longer be guaranteed has now been reached1 The danger of the collapse of this stock is again emphasised by the fact that the levels for future recruitments based on the results of young herring surveys will probably be very low.


C.X.1975/S**

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.finhln^ mortalities for the adults ( -fcZ-rln^era) sine# 1947 In the Borth Sea (value far 1974 assumed).

of    1977.

extending the prohibition on the fishing of herring in the

North Sea.

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation (EEC) No 35^/77 of 18 February 1977 laying down certain interim measures for the conservation and management of fishery resources (l), and in particular Article 1 (2) thereof,

Having regard to the proposal from the Commission,

Whereas Council Regulation (EEC) No 350/77 prohibits the fishing of North Sea herring from 28 February 1977 until 30 April 1977 and provides that the measures to be applied for the remainder of the year are to be determined taking into account the results of the latest available scientific estimates of the North Sea herring stock for 1977 I

Whereas these scientific estimates demonstrate that the very precarious state of the North Sea herring stock persists, and whereas it is therefore necessary to extend for the remainder of 1977 the prohibition on the fishing of herring in the North Sea ;

Whereas it is also necessary to extend the special provisions concerning herring by-catches in direct fishing for other species ;

HAS ADOPTED THIS DECISION:

OJ No L 48, 19.2.1977, p. 28.

Article 1

1. The prohibition on the fishing of North Sea herring is hereby extended until 31 December 1977 in sub-area IV and division VII d as defined by tlie International Council for the Exploration of the Sea.

2. Member States are authorised to catch North Sea herring as by-catches in the course of direct fishing for other species, up to a limit of 10% by weight in catches of sprat and 5by weight in catches of Norway pout and of sand eels during each voyage.

The permitted by—catohes calculated on an annual basis may not, however, exceed 15*000 tonnes for Denmark, 1,650 tonnes for the United Kingdom, 410 tonnes for the Federal Republio of Germany and 275 tonnes for the other Member States.

Article 2

Without prejudice to the provisions of Artiole 7 of Regulation No 350/77, Member States shall take all necessary steps to ensure compliance with the provisions of this Regulation.

Article 3

This Regulation shall enter into force on 1 May 1977*

It shall apply until the entry into force of Community arrangements for the conservation and management of fishery resources, but in any event not beyond 31 December 1977*

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

1977.

Done at Brussels,

For the Counoil, The President.

1

   This could mean that the reproductive stock size could fall below

200.000 tons or even below 100.000 tons. For comparative purposes, one may observe that the stock size of the North Sea herring has declined by the same proportion as occurred in the case of the stock of Atlanto-Scandian herring shortly before its final extinction.    •

In taking account of unavoidable by—catches, which should be reduced as far as possible, one must insist that all direct catches be avoided, and also that this measure should constitute the only way in which this stock can be built up to a level where, in the first instance, its perenniality will no longer be menaced.