Council Regulation (EU) 2022/109 of 27 January 2022 fixing for 2022 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 2022 and, where specified in this Regulation, for the year 2023;

(b) fishing effort limits for the year 2022, except the fishing effort limits set out in Annex II, which are to apply from 1 February 2022 to 31 January 2023;

(c) fishing opportunities for the period from 1 December 2021 to 30 November 2022 for certain stocks in the CCAMLR Convention Area.

Article 2

Scope

This Regulation applies to the following vessels:

(a) Union fishing vessels;

(b) third-country vessels in Union waters.

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 apply. In addition, the following definitions 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 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: (i) in fisheries subject to the exemption from the landing obligation referred to in Article 15(4) to (7) of Regulation (EU) No 1380/2013, the quantity of fish that may be landed from each stock each year; (ii) in all other fisheries, the quantity of fish that may be caught from each stock each year;

(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 quantitative evaluation 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 defined in Article 6, point (34), of Regulation (EU) 2019/1241 of the European Parliament and of the Council (¹);

(h) ‘Union fishing fleet register’ means the register set up by the Commission pursuant to 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;

(j) ‘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;

(k) ‘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;

(l) ‘FMSY point value’ means the value of the estimated fishing mortality that, with a given fishing pattern and under current average environmental conditions, gives the long-term maximum sustainable yield.

Article 4

Fishing zones

For the purposes of this Regulation, the following zone definitions 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 of the European Parliament and of the Council (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 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^o 23' 48″ W;

(k) ‘CCAMLR (Commission for the Conservation of Antarctic Marine Living Resources) Convention Area’ means the geographical area defined in Article 2, point (a), of Council Regulation (EC) No 601/2004 (³);

(l) 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 (⁴);

(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) (⁵);

(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 (⁶);

(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 (⁷);

(p) 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 (⁸);

(q) ‘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 (⁹);

(r) ‘SIOFA (Southern Indian Ocean Fisheries Agreement) Agreement Area’ means the geographical area defined in the Southern Indian Ocean Fisheries Agreement (¹⁰);

(s) ‘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 (¹¹);

(t) ‘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 (¹²);

(u) ‘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;

(v) ‘overlap area between IATTC and WCPFC Convention Areas’ means the geographical area defined by the following limits: — longitude 150^o W, — longitude 130^o W, — latitude 4^o S, — latitude 50^o 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 CFP, in particular the principle of sustainable exploitation of the stock; and

(b) result in an exploitation of the stock that is: (i) if an analytical assessment is available, in line with maximum sustainable yield, with as high a probability as possible; or (ii) if an analytical assessment is unavailable or incomplete, consistent with the precautionary approach to fisheries management.

By 15 March 2022, 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 8

Conditions for landing catches and by-catches

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 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.

Article 9

Quota-exchange mechanism for TACs for unavoidable by-catches

Article 10

Fishing effort limits in ICES division 7e

Article 11

Measures on European seabass fisheries in ICES divisions 4b and 4c and ICES subarea 7

By way of derogation from paragraph 1, in January 2022 and from 1 April to 31 December 2022, 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 (¹⁴), for unavoidable by-catches not exceeding 760 kilogrammes per two calendar months (January and April; May and June; July and August; September and October; November and December) and 5 % of the weight of the total catches of marine organisms on board caught by the vessel concerned per fishing trip;

(b) using seines (¹⁵), for unavoidable by-catches not exceeding 760 kilogrammes per two calendar months (January and April; May and June; July and August; September and October; November and December) and 5 % of the weight of the total catches of marine organisms on board caught by the vessel concerned per fishing trip;

(c) using hooks and lines (¹⁶), not exceeding 5,95 tonnes per vessel;

(d) using fixed gillnets (¹⁷), for unavoidable by-catches not exceeding 1,5 tonnes per 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.

For Union fishing vessels using more than one gear in two calendar months, the lowest catch limit set out in paragraph 3 for either gear shall apply.

Member States shall report to the Commission all catches of European seabass per type of gear no later than 15 days after the end of each month.

In recreational fisheries, including from shore, in ICES divisions 4b, 4c, 6a and 7a to 7k:

(a) from 1 January to 28 February 2022 and from 1 to 31 December 2022: (i) only catch-and-release fishing with a rod or a handline for European seabass shall be allowed; (ii) it shall be prohibited to retain, relocate, tranship or land European seabass caught in that area;

(b) from 1 March to 30 November 2022: (i) not more than two specimens of European seabass may be caught and retained per fisher per day; (ii) the minimum size of European seabass retained shall be 42 cm; (iii) fixed nets shall not be used to catch or retain European seabass.

Article 12

Measures on European seabass fisheries in ICES divisions 8a and 8b

In recreational fisheries, including from shore, in ICES divisions 8a and 8b:

(a) a maximum of two specimens 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.

Article 13

Measures on European eel fisheries in Union waters of the ICES area

Any targeted, incidental and recreational European eel (Anguilla anguilla) fishing activity, as defined in Article 4(1), point (28), of Regulation (EU) No 1380/2013, shall be prohibited in Union waters of the ICES area and brackish waters such as estuaries, coastal lagoons and transitional waters for a consecutive three-month period.

Each Member State concerned shall determine that period, which shall fall between 1 August 2022 and 28 February 2023, to ensure that the prohibition covers the periods of the highest migration of European eel.

Member States shall no later than 1 June 2022 communicate the determined period to the Commission together with the supporting information justifying the chosen prohibition period.

Article 14

Special provisions on allocations of fishing opportunities

The allocation of fishing opportunities among Member States 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 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 made pursuant to Articles 105, 106 and 107 of Regulation (EC) No 1224/2009;

(g) quota transfers and exchanges made pursuant to Article 21 of this Regulation.

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 2022 and from 1 August to 31 December 2022.

Article 16

Remedial measures for cod in the North Sea

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; 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 vessels operating with bottom trawls and seines with mesh sizes equal to or larger than 100 mm (TR1), the following highly selective gears are used: (i) belly trawls with a minimum belly mesh size of 600 mm; (ii) raised fishing line (0,6 m); (iii) horizontal separating panel with large mesh escape panel;

(d) for vessels operating 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: (i) horizontal sorting grid with maximum 50 mm bar spacing separating flatfish and roundfish, with an unblocked fish outlet for roundfish; (ii) Seltra panel with 300 mm square-mesh size; (iii) sorting grid with maximum 35 mm bar spacing, with an unblocked fish outlet;