LegalizeCouncil Regulation (EU) 2016/1903 of 28 October 2016 fixing for 2017 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea and amending Regulation (EU) 2016/72
COUNCIL REGULATION (EU) 2016/1903
of 28 October 2016
fixing for 2017 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea and amending Regulation (EU) 2016/72
CHAPTER I
GENERAL PROVISIONS
Article 1
Subject matter
This Regulation fixes the fishing opportunities for certain fish stocks and groups of fish stocks in the Baltic Sea for 2017.
Article 2
Scope
This Regulation shall apply to Union fishing vessels operating in the Baltic Sea.
This Regulation shall also apply to recreational fisheries where they are expressly referred to in the relevant provisions.
Article 3
Definitions
For the purposes of this Regulation, the defintions referred to in Article 4 of Regulation (EU) No 1380/2013 apply. In addition, the following definitions apply:
(1)‘subdivision’ means an ICES subdivision of the Baltic Sea as defined in Annex I to Council Regulation (EC) No 2187/2005 (1);
(2)‘total allowable catch’ (TAC) means the quantity of each stock that can be caught over the period of a year;
(3)‘quota’ means a proportion of the TAC allocated to the Union, a Member State or a third country;
(4)‘recreational fisheries’ means non-commercial fishing activities exploiting marine biological resources such as for recreation, tourism or sport.
CHAPTER II
FISHING OPPORTUNITIES
Article 4
TACs and allocations
The TACs, the quotas and the conditions functionally linked thereto, where appropriate, are set out in the Annex.
Article 5
Special provisions on allocations of fishing opportunities
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)additional landings allowed under Article 3 of Regulation (EC) No 847/96 or under Article 15(9) of Regulation (EU) No 1380/2013;
(d)quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96 or transferred under Article 15(9) of Regulation (EU) No 1380/2013;
(e)deductions made pursuant to Articles 105 and 107 of Regulation (EC) No 1224/2009.
Article 6
Conditions for landing catches and by-catches
Catches of species which are subject to catch limits and which have been caught in fisheries specified in Article 15(1) of Regulation (EU) No 1380/2013 are subject to the landing obligation, as established in that Article.
The stocks of non-target species within the safe biological limits referred to in Article 15(8) of Regulation (EU) No 1380/2013 are identified in the Annex of this Regulation for the purpose of the derogation from the obligation to count catches against the relevant quota provided for in that Article.
Article 7
Measures on recreational fisheries for cod in subdivisions 22-24
In recreational fisheries, no more than five specimens of cod may be retained per fisherman per day in subdivisions 22-24.
By derogation from paragraph 1, no more than three specimens of cod may be retained per fisherman per day in subdivisions 22-24 in the period from 1 February 2017 to 31 March 2017.
Paragraphs 1 and 2 are without prejudice to more stringent national measures.
CHAPTER III
FINAL PROVISIONS
Article 8
Data transmission
When, pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, Member States send data relating to quantities of stocks caught or landed to the Commission, they shall use the stock codes set out in the Annex to this Regulation.
Article 9
Flexibility
Except where specified otherwise in the Annex to this Regulation, Article 3 of Regulation (EC) No 847/96 shall apply to stocks subject to precautionary TACs and Article 3(2) and (3) and Article 4 of that Regulation shall apply to stocks subject to an analytical TAC.
Article 3(2) and (3) and Article 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 10
Amendment to Regulation (EU) 2016/72
In Annex IA to Regulation (EU) 2016/72, the entry for Norway pout in IIIa and Union waters of IIa and IV is replaced by the following:
| Species: | Norway pout and associated by-catches Trisopterus esmarkii | Zone: | IIIa; Union waters of IIa and IV (NOP/2A3A4.) | |
|---|---|---|---|---|
| Year | 2016 | 2017 | ||
| Denmark | 128 880 (1) (3) | 99 907 (1) (6) | ||
| Germany | 25 (1) (2) (3) | 19 (1) (2) (6) | ||
| The Netherlands | 95 (1) (2) (3) | 74 (1) (2) (6) | ||
| Union | 129 000 (1) (3) | 100 000 (1) (6) | ||
| Norway | 15 000 (4) | |||
| Faroe Islands | 6 000 (5) | |||
| TAC | Not relevant | Not relevant | Analytical TAC Article 3 of Regulation (EC) No 847/96 shall not apply Article 4 of Regulation (EC) No 847/96 shall not apply | |
| (1)Without prejudice to the landing obligation, catches of whiting may be counted against up to 5 % of the quota (OT2/2A3A4), provided that not more than 9 % in total of this quota for Norway pout is accounted for by these catches and by-catches of those species that are accounted for under Article 15(8) of Regulation (EU) No 1380/2013. (2)Quota may be fished in Union waters of ICES zones IIa, IIIa and IV only. (3)Union quota may only be fished from 1 January to 31 October 2016. (4)A sorting grid shall be used. (5)A sorting grid shall be used. Includes a maximum of 15 % of unavoidable by-catches (NOP/2A3A4), to be counted against this quota. (6)Union quota may be fished from 1 November 2016 to 31 October 2017. |
Article 11
Entry into force
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2017, with the exception of Article 10 which shall apply from 1 November 2016.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX
TACs APPLICABLE TO UNION FISHING VESSELS IN AREAS WHERE TACs EXIST BY SPECIES AND BY AREA
The following tables set out the TACs and quotas (in tonnes live weight, except where otherwise specified) by stock, and conditions functionally linked thereto.
The references to fishing zones are references to ICES zones, unless otherwise specified.
The fish stocks are referred to using the alphabetical order of the Latin names of the species.
For the purposes of this Regulation, the following comparative table of Latin names and common names is provided:
| Scientific name | Alpha-3 code | Common name |
|---|---|---|
| Clupea harengus | HER | Herring |
| Gadus morhua | COD | Cod |
| Pleuronectes platessa | PLE | Plaice |
| Salmo salar | SAL | Atlantic salmon |
| Sprattus sprattus | SPR | Sprat |
| Species: | Herring Clupea harengus | Zone: |
| --- | --- | --- |
| Finland | 115 599 | |
| Sweden | 25 399 | |
| Union | 140 998 | |
| TAC | 140 998 | |
| Species: | Herring Clupea harengus | Zone: |
| --- | --- | --- |
| Denmark | 3 981 | |
| Germany | 15 670 | |
| Finland | 2 | |
| Poland | 3 695 | |
| Sweden | 5 053 | |
| Union | 28 401 | |
| TAC | 28 401 | |
| Species: | Herring Clupea harengus | Zone: |
| --- | --- | --- |
| Denmark | 4 205 | |
| Germany | 1 115 | |
| Estonia | 21 473 | |
| Finland | 41 914 | |
| Latvia | 5 299 | |
| Lithuania | 5 580 | |
| Poland | 47 618 | |
| Sweden | 63 925 | |
| Union | 191 129 | |
| TAC | Not relevant | |
| Species: | Herring Clupea harengus | Zone: |
| --- | --- | --- |
| Estonia | 14 350 | |
| Latvia | 16 724 | |
| Union | 31 074 | |
| TAC | 31 074 | |
| Species | Cod Gadus morhua | Zone: |
| --- | --- | --- |
| Denmark | 7 089 | |
| Germany | 2 820 | |
| Estonia | 691 | |
| Finland | 542 | |
| Latvia | 2 636 | |
| Lithuania | 1 736 | |
| Poland | 8 161 | |
| Sweden | 7 182 | |
| Union | 30 857 | |
| TAC | Not relevant | |
| Species: | Cod Gadus morhua | Zone: |
| --- | --- | --- |
| Denmark | 2 444 | |
| Germany | 1 194 | |
| Estonia | 54 | |
| Finland | 48 | |
| Latvia | 202 | |
| Lithuania | 131 | |
| Poland | 654 | |
| Sweden | 870 | |
| Union | 5 597 | |
| TAC | 5 597 (1) | |
| (1)This quota may be fished from 1 January to 31 January and from 1 April to 31 December 2017. However, fishing vessels of less than 15 metres in length overall (except pair trawling vessels) which are equipped with a vessel-monitoring system in accordance with Article 9(2) of Regulation (EC) No 1224/2009 shall also be allowed to fish this quota from 1 February to 31 March 2017 in areas where the water depth is less than 20 metres. Article 9(5) of Regulation (EC) No 1224/2009 shall not apply. | ||
| Species: | Plaice Pleuronectes platessa | Zone: |
| --- | --- | --- |
| Denmark | 5 632 | |
| Germany | 626 | |
| Poland | 1 179 | |
| Sweden | 425 | |
| Union | 7 862 | |
| TAC | 7 862 | |
| Species: | Atlantic salmon Salmo salar | Zone: |
| --- | --- | --- |
| Denmark | 19 879 (1) | |
| Germany | 2 212 (1) | |
| Estonia | 2 020 (1) | |
| Finland | 24 787 (1) | |
| Latvia | 12 644 (1) | |
| Lithuania | 1 486 (1) | |
| Poland | 6 030 (1) | |
| Sweden | 26 870 (1) | |
| Union | 95 928 (1) | |
| TAC | Not relevant | |
| (1)Expressed by number of individual fish. | ||
| Species: | Atlantic salmon Salmo salar | Zone: |
| --- | --- | --- |
| Estonia | 1 075 (1) | |
| Finland | 9 410 (1) | |
| Union | 10 485 (1) | |
| TAC | Not relevant | |
| (1)Expressed by number of individual fish. | ||
| Species: | Sprat Sprattus sprattus | Zone: |
| --- | --- | --- |
| Denmark | 25 745 | |
| Germany | 16 310 | |
| Estonia | 29 896 | |
| Finland | 13 477 | |
| Latvia | 36 107 | |
| Lithuania | 13 061 | |
| Poland | 76 627 | |
| Sweden | 49 770 | |
| Union | 260 993 | |
| TAC | Not relevant |
(1) Council Regulation (EC) No 2187/2005 of 21 December 2005 for the conservation of fishery resources through technical measures in the Baltic Sea, the Belts and the Sound, amending Regulation (EC) No 1434/98 and repealing Regulation (EC) No 88/98 (OJ L 349, 31.12.2005, p. 1).
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