LegalizeCouncil Regulation (EC) No 1359/2008 of 28 November 2008 fixing for 2009 and 2010 the fishing opportunities for Community fishing vessels for certain deep-sea fish stocks
COUNCIL REGULATION (EC) No 1359/2008 of 28 November 2008 fixing for 2009 and 2010 the fishing opportunities for Community fishing vessels for certain deep-sea fish stocks
Article 1
Subject-matter
This Regulation fixes for the years 2009 and 2010 the annual fishing opportunities available to Community fishing vessels for stocks of deep-sea species in Community waters and in certain non-Community waters where catch limitations are required, and the specific conditions under which such fishing opportunities may be used.
Article 2
Definitions
Article 3
Fixing of fishing opportunities
Fishing opportunities for stocks of deep-sea species for Community vessels are fixed as set out in the Annex.
Article 4
Allocation among Member States
The allocation of fishing opportunities among Member States provided for in the Annex shall be without prejudice to:
(a) exchanges made pursuant to Article 20(5) of Regulation (EC) No 2371/2002;
(b) reallocations made pursuant to Articles 21(4) and 32(2) of Regulation (EEC) No 2847/93 and Article 23(4) of Regulation (EC) No 2371/2002;
(c) additional landings allowed pursuant to Article 3 of Regulation (EC) No 847/96;
(d) quantities withheld pursuant to Article 4 of Regulation (EC) No 847/96;
(e) deductions made pursuant to Article 5 of Regulation (EC) No 847/96 and Article 23(4) of Regulation (EC) No 2371/2002.
Article 5
Quota flexibility
For the purposes of Regulation (EC) No 847/96, all quotas in the Annex to the present Regulation shall be considered ‘Analytical’ quotas.
However, the measures provided for in Article 5(2) of Regulation (EC) No 847/96 shall not apply to those quotas.
Article 6
Conditions for landing catch and by-catch
Article 7
Orange roughy
Fishing for orange roughy shall be prohibited in the following sea areas:
(a) that sea area enclosed by rhumb lines sequentially joining the following positions: 57°00′ N, 11°00′ W 57°00′ N, 8°30′ W 56°23′ N, 8°30′ W 55°00′ N, 8°30′ W 55°00′ N, 11°00′ W 57°00′ N, 11°00′ W;
(b) that sea area enclosed by rhumb lines sequentially joining the following positions: 55°30′ N, 15°49′ W 53°30′ N, 14°11′ W 50°30′ N, 14°11′ W 50°30′ N, 15°49′ W;
(c) that sea area enclosed by rhumb lines sequentially joining the following positions: 55°00′ N, 13°51′ W 55°00′ N, 10°37′ W 54°15′ N, 10°37′ W 53°30′ N, 11°50′ W 53°30′ N, 13°51′ W.
Those positions and the corresponding rhumb lines and vessel positions shall be measured according to the WGS84 standard.
Vessels holding a deep-sea fishing permit that have entered the areas defined in paragraph 1 shall not retain on board or tranship any quantity of orange roughy, nor land any quantity of orange roughy at the end of that fishing trip unless:
(a) all gears carried on board are lashed and stowed during the transit in accordance with the conditions laid down in Article 20(1) of Regulation (EEC) No 2847/93; or
(b) the average speed during transit is equal to, or greater than, 8 knots.
Article 8
Entry into force
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.
It shall apply from 1 January 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX
PART 1
Definition of Species and Species Groups
1.In the list set out in part 2 of this Annex, fish stocks are referred to following the alphabetical order of the Latin names of the species. However, deep-sea sharks are placed at the beginning of that list. A table of correspondences of common names and Latin names is given below for the purposes of this Regulation:
| Common name | Scientific name |
|---|---|
| Black scabbardfish | Aphanopus carbo |
| Alfonsinos | Beryx spp. |
| Roundnose grenadier | Coryphaenoides rupestris |
| Orange roughy | Hoplostethus atlanticus |
| Blue ling | Molva dypterygia |
| Red seabream | Pagellus bogaraveo |
| Forkbeards | Phycis blennoides |
2.For the purposes of this Regulation, ‘deep-sea sharks’, means the following list of species:
| Common name | Scientific name |
|---|---|
| Iceland catshark | Apristuris spp. |
| Gulper shark | Centrophorus granulosus |
| Leafscale gulper shark | Centrophorus squamosus |
| Portuguese dogfish | Centroscymnus coelolepis |
| Longnose velvet dogfish | Centroscymnus crepidater |
| Black dogfish | Centroscyllium fabricii |
| Birdbeak dogfish | Deania calceus |
| Kitefin shark | Dalatias licha |
| Greater lanternshark | Etmopterus princeps |
| Velvet belly | Etmopterus spinax |
| Blackmouth dogfish | Galeus melastomus |
| Mouse catshark | Galeus murinus |
| Greenland shark | Somniosus microcephalus |
PART 2
Annual fishing opportunities applicable for Community vessels in areas where catch limitations exist by species and by area (in tonnes live weight)
All references are to ICES subareas and/or divisions unless otherwise stated.
| Species: Deep-sea sharks | Zone: Community waters and waters not under the sovereignty or jurisdiction of third countries of V, VI, VII, VIII and IX (DWS/56789-) | ||
|---|---|---|---|
| Year | 2009 (1) | 2010 (2) | |
| Germany | 20 | 0 | |
| Estonia | 1 | 0 | |
| Ireland | 55 | 0 | |
| Spain | 93 | 0 | |
| France | 339 | 0 | |
| Lithuania | 1 | 0 | |
| Poland | 1 | 0 | |
| Portugal | 127 | 0 | |
| United Kingdom | 187 | 0 | |
| EC | 824 | 0 | |
| (1) By-catches only. No directed fisheries for deep-sea sharks are permitted. (2) By-catches of up to 10 % of 2009 quotas are permitted. | |||
| Species: Deep-sea sharks | Zone: Community waters and waters not under the sovereignty or jurisdiction of third countries of X (DWS/10-) | ||
| --- | --- | --- | --- |
| Year | 2009 (1) | 2010 (2) | |
| Portugal | 10 | 0 | |
| EC | 10 | 0 | |
| (1) By-catches only. No directed fisheries for deep-sea sharks are permitted. (2) By-catches of up to 10 % of 2009 quotas are permitted. | |||
| Species: Deep-sea sharks and Deania histricosa and Deania profondorum | Zone: Community waters and waters not under the sovereignty or jurisdiction of third countries of XII (DWS/12-) | ||
| --- | --- | --- | --- |
| Year | 2009 (1) | 2010 (2) | |
| Ireland | 1 | 0 | |
| Spain | 17 | 0 | |
| France | 6 | 0 | |
| United Kingdom | 1 | 0 | |
| EC | 25 | 0 | |
| (1) By-catches only. No directed fisheries for deep-sea sharks are permitted. (2) By-catches of up to 10 % of 2009 quotas are permitted. | |||
| Species: Black scabbardfish Aphanopus carbo | Zone: Community waters and waters not under the sovereignty or jurisdiction of third countries of I, II, III and IV (BSF/1234-) | ||
| --- | --- | --- | --- |
| Year | 2009 | 2010 | |
| Germany | 4 | 4 | |
| France | 4 | 4 | |
| United Kingdom | 4 | 4 | |
| EC | 12 | 12 | |
| Species: Black scabbardfish Aphanopus carbo | Zone: Community waters and waters not under the sovereignty or jurisdiction of third countries of V, VI, VII and XII (BSF/56712-) | ||
| --- | --- | --- | --- |
| Year | 2009 | 2010 | |
| Germany | 32 | 29 | |
| Estonia | 15 | 14 | |
| Ireland | 78 | 73 | |
| Spain | 156 | 145 | |
| France | 2 189 | 2 036 | |
| Latvia | 102 | 95 | |
| Lithuania | 1 | 1 | |
| Poland | 1 | 1 | |
| United Kingdom | 156 | 145 | |
| Others (1) | 8 | 8 (1) | |
| EC | 2 738 | 2 547 | |
| (1) By-catches only. No directed fisheries are permitted under this quota. | |||
| Species: Black scabbardfish Aphanopus carbo | Zone: Community waters and waters not under the sovereignty or jurisdiction of third countries of VIII, IX and X (BSF/8910-) | ||
| --- | --- | --- | --- |
| Year | 2009 | 2010 | |
| Spain | 11 | 11 | |
| France | 28 | 26 | |
| Portugal | 3 561 | 3 311 | |
| EC | 3 600 | 3 348 | |
| Species: Black scabbardfish Aphanopus carbo | Zone: Community waters and waters not under the sovereignty or jurisdiction of third countries of CECAF 34.1.2. (BSF/C3412-) | ||
| --- | --- | --- | --- |
| Year | 2009 | 2010 | |
| Portugal | 4 285 | 4 285 | |
| EC | 4 285 | 4 285 | |
| Species: Alfonsinos Beryx spp. | Zone: Community waters and waters not under the sovereignty or jurisdiction of third countries of III, IV, V, VI, VII, VIII, IX, X, XII and XIV (ALF/3X14-) | ||
| --- | --- | --- | --- |
| Year | 2009 | 2010 | |
| Ireland | 10 | 10 | |
| Spain | 74 | 74 | |
| France | 20 | 20 | |
| Portugal | 214 | 214 | |
| United Kingdom | 10 | 10 | |
| EC | 328 | 328 | |
| Species: Roundnose grenadier Coryphaenoides rupestris | Zone: Community waters and waters not under the sovereignty or jurisdiction of third countries of I, II, IV and Va (RNG/1245A-) | ||
| --- | --- | --- | --- |
| Year | 2009 | 2010 | |
| Denmark | 2 | 2 | |
| Germany | 2 | 2 | |
| France | 11 | 11 | |
| United Kingdom | 2 | 2 | |
| EC | 17 | 17 | |
| Species: Roundnose grenadier Coryphaenoides rupestris | Zone: EF-farvande og farvande, der ikke hører under tredjelandes højhedsområde eller jurisdiktion, i III (1) (RNG/03-) | ||
| --- | --- | --- | --- |
| År | 2009 | 2010 | |
| Danmark | 804 | 804 | |
| Tyskland | 5 | 5 | |
| Sverige | 41 | 41 | |
| EF | 850 | 850 | |
| (1) No directed fishery for roundnose grenadier shall be conducted in ICES zone IIIa pending consultations between the European Union and Norway. | |||
| Species: Roundnose grenadier Coryphaenoides rupestris | Zone: Community waters and waters not under the sovereignty or jurisdiction of third countries of Vb, VI, VII (RNG/5B67-) | ||
| --- | --- | --- | --- |
| Year | 2009 (1) | 2010 (1) | |
| Germany | 7 | 6 | |
| Estonia | 57 | 49 | |
| Ireland | 254 | 216 | |
| Spain | 63 | 54 | |
| France | 3 222 | 2 738 | |
| Lithuania | 74 | 63 | |
| Poland | 37 | 32 | |
| United Kingdom | 189 | 160 | |
| Others (2) | 7 | 6 | |
| EC | 3 910 | 3 324 | |
| (1) A maximum of 8 % of each quota may be fished in Community waters and waters not under the sovereignty or jurisdiction of third countries of VIII, IX, X, XII and XIV. (2) By-catches only. No directed fisheries are permitted under this quota. | |||
| Species: Roundnose grenadier Coryphaenoides rupestris | Zone: Community waters and waters not under the sovereignty or jurisdiction of third countries of VIII, IX, X, XII and XIV (RNG/8X14-) | ||
| --- | --- | --- | --- |
| Year | 2009 (1) | 2010 (1) | |
| Germany | 34 | 34 | |
| Ireland | 7 | 7 | |
| Spain | 3 734 | 3 734 | |
| France | 172 | 172 | |
| Latvia | 60 | 60 | |
| Lithuania | 7 | 7 | |
| Poland | 1 168 | 1 168 | |
| United Kingdom | 15 | 15 | |
| EC | 5 197 | 5 197 | |
| (1) A maximum of 8 % of each quota may be fished in Community waters and waters not under the sovereignty or jurisdiction of third countries of Vb, VI, VII. | |||
| Species: Orange roughy Hoplostethus atlanticus | Zone: Community waters and waters not under the sovereignty or jurisdiction of third countries of VI (ORY/06-) | ||
| --- | --- | --- | --- |
| Year | 2009 | 2010 | |
| Ireland | 2 | 0 | |
| Spain | 2 | 0 | |
| France | 11 | 0 | |
| United Kingdom | 2 | 0 | |
| EC | 17 | 0 | |
| Species: Orange roughy Hoplostethus atlanticus | Zone: Community waters and waters not under the sovereignty or jurisdiction of third countries of VII (ORY/07-) | ||
| --- | --- | --- | --- |
| Year | 2009 | 2010 | |
| Ireland | 15 | 0 | |
| Spain | 0 | 0 | |
| France | 50 | 0 | |
| United Kingdom | 0 | 0 | |
| Others | 0 | 0 | |
| EC | 65 | 0 | |
| Species: Orange roughy Hoplostethus atlanticus | Zone: Community waters and waters not under the sovereignty or jurisdiction of third countries of I, II, III, IV, V, VIII, IX, X, XII and XIV (ORY/1CX14C) | ||
| --- | --- | --- | --- |
| Year | 2009 | 2010 | |
| Ireland | 2 | 0 | |
| Spain | 1 | 0 | |
| France | 9 | 0 | |
| Portugal | 2 | 0 | |
| United Kingdom | 1 | 0 | |
| EC | 15 | 0 | |
| Species: Blue ling Molva dypterygia | Zone: Community waters and waters not under the sovereignty or jurisdiction of third countries of II, IV and V (BLI/245-) | ||
| --- | --- | --- | --- |
| Year | 2009 | 2010 | |
| Denmark | 5 | 4 | |
| Germany | 5 | 4 | |
| Ireland | 5 | 4 | |
| France | 28 | 25 | |
| United Kingdom | 18 | 15 | |
| Others | 5 | 4 (1) | |
| EC | 66 | 56 | |
| (1) By-catches only. No directed fisheries are permitted under this quota. | |||
| Species: Blue ling Molva dypterygia | Zone: Community waters and waters not under the sovereignty or jurisdiction of third countries of III (BLI/03-) | ||
| --- | --- | --- | --- |
| Year | 2009 | 2010 | |
| Denmark | 5 | 4 | |
| Germany | 3 | 3 | |
| Sweden | 5 | 4 | |
| EC | 13 | 11 | |
| Species: Red seabream Pagellus bogaraveo | Zone: Community waters and waters not under the sovereignty or jurisdiction of third countries of VI, VII and VIII (SBR/678-) (1) | ||
| --- | --- | --- | --- |
| Year | 2009 | 2010 | |
| Ireland | 7 | 6 (2) | |
| Spain | 204 | 172 (2) | |
| France | 10 | 9 (2) | |
| United Kingdom | 25 | 22 (2) | |
| Others | 7 | 6 (2) (3) | |
| EC | 253 | 215 | |
| (1) A minimum landing size of 30 cm (total length) shall be respected in 2009 and 35 cm (total length) in 2010. However, in 2010, 15 % of fish landed may have a minimum landing size of at least 30 cm (total length). (2) Up to 10 % of the 2010 quotas may be taken in December 2009. (3) By-catches only. No directed fisheries are permitted under this quota. | |||
| Species: Red seabream Pagellus bogaraveo | Zone: Community waters and waters not under the sovereignty or jurisdiction of third countries of IX (SBR/09-) (1) | ||
| --- | --- | --- | --- |
| Year | 2009 | 2010 (2) | |
| Spain | 722 | 614 | |
| Portugal | 196 | 166 | |
| EC | 918 | 780 | |
| (1) A minimum landing size of 30 cm (total length) shall be respected in 2009 and 35 cm (total length) in 2010. However, in 2010, 15 % of fish landed may have a minimum landing size of at least 30 cm (total length). (2) Up to 10 % of the 2010 quotas may be taken in December 2009. | |||
| Species: Red seabream Pagellus bogaraveo | Zone: Community waters and waters not under the sovereignty or jurisdiction of third countries of X (SBR/10-) | ||
| --- | --- | --- | --- |
| Year | 2009 | 2010 | |
| Spain | 10 | 10 (1) | |
| Portugal | 1 116 | 1 116 (1) | |
| United Kingdom | 10 | 10 (1) | |
| EC | 1 136 | 1 136 (1) | |
| (1) Up to 10 % of the 2010 quotas may be taken in December 2009. | |||
| Species: Forkbeards Phycis blennoides | Zone: Community waters and waters not under the sovereignty or jurisdiction of third countries of I, II, III and IV (GFB/1234-) | ||
| --- | --- | --- | --- |
| Year | 2009 | 2010 | |
| Germany | 9 | 9 | |
| France | 9 | 9 | |
| United Kingdom | 13 | 13 | |
| EC | 31 | 31 | |
| Species: Forkbeards Phycis blennoides | Zone: Community waters and waters not under the sovereignty or jurisdiction of third countries of V, VI and VII (GFB/567-) | ||
| --- | --- | --- | --- |
| Year | 2009 | 2010 | |
| Germany | 10 | 10 | |
| Ireland | 260 | 260 | |
| Spain | 588 | 588 | |
| France | 356 | 356 | |
| United Kingdom | 814 | 814 | |
| EC | 2 028 | 2 028 | |
| Species: Forkbeards Phycis blennoides | Zone: Community waters and waters not under the sovereignty or jurisdiction of third countries of VIII and IX (GFB/89-) | ||
| --- | --- | --- | --- |
| Year | 2009 | 2010 | |
| Spain | 242 | 242 | |
| France | 15 | 15 | |
| Portugal | 10 | 10 | |
| EC | 267 | 267 | |
| Species: Forkbeards Phycis blennoides | Zone: Community waters and waters not under the sovereignty or jurisdiction of third countries of X and XII (GFB/1012-) | ||
| --- | --- | --- | --- |
| Year | 2009 | 2010 | |
| France | 9 | 9 | |
| Portugal | 36 | 36 | |
| United Kingdom | 9 | 9 | |
| EC | 54 | 54 |
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