Council Regulation (EU) 2017/127 of 20 January 2017 fixing for 2017 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters

TITLE I

GENERAL PROVISIONS

Article 1

Subject matter

The fishing opportunities referred to in paragraph 1 include:

(a) catch limits for the year 2017 and, where specified in this Regulation, for the year 2018;

(b) fishing effort limits for the period from 1 February 2017 to 31 January 2018, except where other periods are established for effort limits in Articles 25 and 26 and Annex IIE;

(c) fishing opportunities for the period from 1 December 2016 to 30 November 2017 for certain stocks in the CCAMLR Convention Area;

(d) fishing opportunities for certain stocks in the IATTC Convention Area set out in Article 27 for the periods in 2017 and 2018 specified in that provision.

Article 2

Scope

This Regulation shall apply to the following vessels:

(a) Union fishing vessels;

(b) third-country vessels in Union waters.

Article 3

Definitions

For the purposes of this Regulation, the definitions referred to in Article 4 of Regulation (EU) No 1380/2013 apply. In addition, the following definitions shall apply:

(a) ‘third-country vessel’ means a fishing vessel flying the flag of, and registered in, a third country;

(b) ‘recreational fisheries’ means non-commercial fishing activities exploiting marine biological resources such as for recreation, tourism or sport;

(c) ‘international waters’ means waters falling outside the sovereignty or jurisdiction of any State;

(d) ‘total allowable catch’ (TAC) means: (i) in fisheries subject to the landing obligation referred to in Article 15 of Regulation (EU) No 1380/2013, the quantity of fish that can be caught from each stock each year; (ii) in all other fisheries, the quantity of fish that can be landed from each stock each year;

(e) ‘quota’ means a proportion of the TAC allocated to the Union, a Member State or a third country;

(f) ‘analytical assessments’ means quantitative evaluations of trends in a given stock, based on data about the stock's biology and exploitation, which scientific review has indicated to be of sufficient quality to provide scientific advice on options for future catches;

(g) ‘mesh size’ means the mesh size of fishing nets as determined in accordance with Commission Regulation (EC) No 517/2008 (¹);

(h) ‘Union fishing fleet register’ means the register set up by the Commission in accordance with Article 24(3) of Regulation (EU) No 1380/2013;

(i) ‘fishing logbook’ means the logbook referred to in Article 14 of Regulation (EC) No 1224/2009.

Article 4

Fishing zones

For the purposes of this Regulation the following zone definitions shall apply:

(a) ICES (International Council for the Exploration of the Sea) zones are the geographical areas specified in Annex III to Regulation (EC) No 218/2009 (²);

(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 this 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 this 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 VII’ 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, — 53° 30′ N 15° 00′ W;

(e) ‘Functional Unit 26 of ICES division IXa’ 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;

(f) ‘Functional Unit 27 of ICES division IXa’ 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;

(g) ‘Gulf of Cádiz’ means the geographical area of ICES division IXa east of longitude 7° 23′ 48″ W;

(h) CECAF (Committee for Eastern Central Atlantic Fisheries) areas are the geographical areas specified in Annex II to Regulation (EC) No 216/2009 of the European Parliament and of the Council (³);

(i) NAFO (Northwest Atlantic Fisheries Organisation) areas are the geographical areas specified in Annex III to Regulation (EC) No 217/2009 of the European Parliament and of the Council (⁴);

(j) ‘SEAFO (South East Atlantic Fisheries Organisation) Convention Area’ is the geographical area defined in the Convention on the Conservation and Management of Fishery Resources in the South-East Atlantic Ocean (⁵);

(k) ‘ICCAT (International Commission for the Conservation of Atlantic Tunas) Convention Area’ is the geographical area defined in the International Convention for the Conservation of Atlantic Tunas (⁶);

(l) ‘CCAMLR (Commission for the Conservation of Antarctic Marine Living Resources) Convention Area’ is the geographical area defined in point (a) of Article 2 of Council Regulation (EC) No 601/2004 (⁷);

(m) ‘IATTC (Inter — American Tropical Tuna Commission) Convention Area’ is the geographical area defined in the Convention for the Strengthening of the Inter-American Tropical Tuna Commission established by the 1949 Convention between the United States of America and the Republic of Costa Rica (⁸);

(n) ‘IOTC (Indian Ocean Tuna Commission) Area of Competence’ is the geographical area defined in the Agreement for the establishment of the Indian Ocean Tuna Commission (⁹);

(o) ‘SPRFMO (South Pacific Regional Fisheries Management Organisation) Convention Area’ is the high seas geographical area south of 10° N, north of the CCAMLR Convention Area, east of the SIOFA Convention Area as defined in the Southern Indian Ocean Fisheries Agreement (¹⁰), and west of the areas of fisheries jurisdictions of South American States;

(p) ‘WCPFC (Western and Central Pacific Fisheries Commission) Convention Area’ is the geographical area defined in the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (¹¹);

(q) ‘GFCM (General Fisheries Commission for the Mediterranean) geographical subareas’ are the areas defined in Annex I to Regulation (EU) No 1343/2011 of the European Parliament and of the Council (¹²).

(r) ‘high seas of the Bering Sea’ is the geographical area of the high seas of the Bering Sea beyond 200 nautical miles from the baselines from which the breadth of the territorial sea of the coastal States of the Bering Sea is measured;

(s) ‘overlap area between IATTC and WCPFC’ is the geographical area defined by the following limits: — longitude 150° W, — longitude 130° W, — latitude 4° S, — latitude 50° S.

TITLE II

FISHING OPPORTUNITIES FOR UNION FISHING VESSELS

CHAPTER I

General provisions

Article 5

TACs and allocations

Article 6

TACs to be determined by Member States

The TACs to be determined by a Member State shall:

(a) be consistent with the principles and rules of the Common Fisheries Policy, in particular the principle of sustainable exploitation of the stock; and

(b) result: (i) if analytical assessments are available, in the exploitation of the stock consistent with maximum sustainable yield from 2017 onwards, with as high a probability as possible; (ii) if analytical assessments are unavailable or incomplete, in the exploitation of the stock consistent with the precautionary approach to fisheries management.

By 15 March 2017, each Member State concerned shall submit the following information to the Commission:

(a) the TACs adopted;

(b) the data collected and assessed by the Member State concerned on which the TACs adopted are based;

(c) details on how the TACs adopted comply with paragraph 2.

Article 7

Conditions for landing catches and by-catches

Catches that are not subject to the landing obligation established in Article 15 of Regulation (EU) No 1380/2013 shall be retained on board or landed only if they:

(a) have been taken by vessels flying the flag of a Member State having a quota and that quota has not been exhausted; or

(b) consist of a share in a Union quota which has not been allocated by quota among Member States, and that Union quota has not been exhausted.

Article 8

Fishing effort limits

For the periods referred to in Article 1(2)(b), the following fishing effort measures shall apply:

(a) Annex IIA for the management of plaice and sole stocks in ICES subarea IV;

(b) Annex IIB for the recovery of hake and Norway lobster in ICES divisions VIIIc and IXa, with the exception of the Gulf of Cádiz;

(c) Annex IIC for the management of the sole stock in ICES division VIIe.

Article 9

Measures on Sea bass fisheries

It shall be prohibited for Union fishing vessels as well as for any commercial fisheries from shore to fish for sea bass and to retain on board, relocate, tranship or land sea bass caught in the following areas:

(a) ICES divisions IVb, IVc, VIId, VIIe, VIIf and VIIh;

(b) waters within 12 nautical miles from baseline under the sovereignty of the United Kingdom in ICES divisions VIIa and VIIg.

By derogation from the first subparagraph, the following measures shall apply regarding sea bass in the areas referred to in that subparagraph:

(a) a Union fishing vessel deploying demersal trawls and seines (¹⁴) may retain on board unavoidable by-catches of sea bass that do not exceed 3 % of the weight of the total catches of marine organisms on board in any single day. The catches of sea bass retained on board by a Union fishing vessel on the basis of this derogation may not exceed 400 kilograms per month;

(b) in January 2017 and from 1 April to 31 December 2017, Union fishing vessels using hooks and lines (¹⁵), may fish for sea bass and retain on board, relocate, tranship or land sea bass caught in that area not exceeding 10 tonnes per vessel per year;

(c) Union fishing vessels using fixed gillnets (¹⁶) may retain on board unavoidable by-catches of sea bass not exceeding 250 kilograms per month.

The above derogations shall apply to Union fishing vessels that have recorded catches of sea bass over the period from 1 July 2015 to 30 September 2016: in point (b) with recorded catches using hooks and lines, and in point (c) with recorded catches using fixed gillnets. In the case of a replacement of a Union fishing vessel, Member States may allow the derogation to apply to another fishing vessel provided that the number of Union fishing vessels subject to the derogation and their overall fishing capacity do not increase.

In recreational fisheries, including from shore, not more than one specimen of sea bass may be retained per fisherman per day during the following periods and in the following areas:

(a) from 1 July to 31 December 2017 in ICES divisions IVb, IVc, VIIa and from VIId to VIIh;

(b) from 1 January to 31 December 2017 in ICES divisions VIIj and VIIk.

Article 10

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) reallocations made pursuant to Article 10(4) of Regulation (EC) No 1006/2008;

(d) additional landings allowed under Article 3 of Regulation (EC) No 847/96 and Article 15(9) of Regulation (EU) No 1380/2013;

(e) quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96 and Article 15(9) of Regulation (EU) No 1380/2013;

(f) deductions made pursuant to Articles 105, 106 and 107 of Regulation (EC) No 1224/2009;

(g) quota transfers and exchanges pursuant to Article 15 of this Regulation.

Article 11

Closed fishing seasons

For the purposes of this paragraph, the Porcupine Bank shall comprise the geographical area bounded by rhumb lines sequentially joining the following positions:

Point	Latitude	Longitude
1	52° 27′ N	12° 19′ W
2	52° 40′ N	12° 30′ W
3	52° 47′ N	12° 39,600′ W
4	52° 47′ N	12° 56′ W
5	52° 13.5′ N	13° 53,830′ W
6	51° 22′ N	14° 24′ W
7	51° 22′ N	14° 03′ W
8	52° 10′ N	13° 25′ W
9	52° 32′ N	13° 07,500′ W
10	52° 43′ N	12° 55′ W
11	52° 43′ N	12° 43′ W
12	52° 38,800′ N	12° 37′ W
13	52° 27′ N	12° 23′ W
14	52° 27′ N	12° 19′ W

By way of derogation from the first subparagraph, transit through the Porcupine Bank while carrying on board the species referred to in that paragraph, shall be permitted in accordance with Article 50(3), (4) and (5) of Regulation (EC) No 1224/2009.

The prohibition set out in the first subparagraph shall also apply to third-country vessels authorised to fish for sandeel and associated by-catches in Union waters of ICES subarea IV.

Article 12

Prohibitions

It shall be prohibited for Union fishing vessels to fish for, to retain on board, to tranship or to land the following species:

(a) starry ray (Amblyraja radiata) in Union waters of ICES divisions IIa, IIIa and VIId and ICES subarea IV;

(b) white shark (Carcharodon carcharias) in all waters;

(c) leafscale gulper shark (Centrophorus squamosus) in Union waters of ICES division IIa and subarea IV and in Union and international waters of ICES subareas I and XIV;

(d) Portuguese dogfish (Centroscymnus coelolepis) in Union waters of ICES division IIa and subarea IV and in Union and international waters of ICES subareas I and XIV;

(e) basking shark (Cetorhinus maximus) in all waters;

(f) kitefin shark (Dalatias licha) in Union waters of ICES division IIa and subarea IV and in Union and international waters of ICES subareas I and XIV;

(g) birdbeak dogfish (Deania calcea) in Union waters of ICES division IIa and subarea IV and in Union and international waters of ICES subareas I and XIV;

(h) common skate (Dipturus batis) complex (Dipturus cf. flossada and Dipturus cf. intermedia) in Union waters of ICES division IIa and ICES subareas III, IV, VI, VII, VIII, IX and X;

(i) great lanternshark (Etmopterus princeps) in Union waters of ICES division IIa and subarea IV and in Union and international waters of ICES subareas I and XIV;

(j) smooth lanternshark (Etmopterus pusillus) in Union waters of ICES division IIa and subarea IV and in Union and international waters of ICES subareas I, V, VI, VII, VIII, XII and XIV;

(k) tope shark (Galeorhinus galeus) when taken with longlines in Union waters of ICES division IIa and subarea IV and in Union and international waters of ICES subareas I, V, VI, VII, VIII, XII and XIV;

(l) porbeagle (Lamna nasus) in all waters;

(m) reef manta ray (Manta alfredi) in all waters;

(n) giant manta ray (Manta birostris) in all waters;

(o) the following species of Mobula rays in all waters: (i) devil fish (Mobula mobular); (ii) lesser Guinean devil ray (Mobula rochebrunei); (iii) spinetail mobula (Mobula japanica); (iv) smoothtail mobula (Mobula thurstoni); (v) longhorned mobula (Mobula eregoodootenkee); (vi) Munk's devil ray (Mobula munkiana); (vii) Chilean devil ray (Mobula tarapacana); (viii) shortfin devil ray (Mobula kuhlii); (ix) lesser devil ray (Mobula hypostoma);

(p) the following species of sawfish (Pristidae) in all waters: (i) narrow sawfish (Anoxypristis cuspidata); (ii) dwarf sawfish (Pristis clavata); (iii) smalltooth sawfish (Pristis pectinata); (iv) largetooth sawfish (Pristis pristis); (v) green sawfish (Pristis zijsron);

(q) thornback ray (Raja clavata) in Union waters of ICES division IIIa;

(r) Norwegian skate (Dipturus nidarosiensis) in Union waters of ICES divisions VIa, VIb, VIIa, VIIb, VIIc, VIIe, VIIf, VIIg, VIIh and VIIk;

(s) undulate ray (Raja undulata) in Union waters of ICES subareas VI and X;

(t) white skate (Rostroraja alba) in Union waters of ICES subareas VI, VII, VIII, IX and X;

(u) guitarfishes (Rhinobatidae) in Union waters of ICES subareas I, II, III, IV, V, VI, VII, VIII, IX, X and XII;

(v) picked dogfish (Squalus acanthias) in Union waters of ICES subareas II, III, IV, V, VI, VII, VIII, IX and X, with the exception of avoidance programmes as set out in Annex IA;

(w) angel shark (Squatina squatina) in Union waters.

Article 13

Data transmission

When, pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, Member States submit to the Commission data relating to landings of quantities of stocks caught, they shall use the stock codes set out in Annex I to this Regulation.

CHAPTER II

Fishing authorisations in third-country waters

Article 14

Fishing authorisations

CHAPTER III

Fishing opportunities in waters of regional fisheries management organisations

Article 15

Quota transfers and exchanges

Section 1

ICCAT Convention Area

Article 16

Fishing, farming and fattening capacity limitations

Article 17

Recreational fisheries

Where appropriate, Member States shall allocate a specific share for recreational fisheries from their quotas allocated in Annex ID.

Article 18

Sharks

Section 2

CCAMLR Convention Area

Article 19

Prohibitions and catch limitations

Article 20

Exploratory fisheries

Article 21

Krill fishery during the 2017/2018 fishing season