Commission Implementing Regulation (EU) No 1233/2013 of 29 November 2013 establishing a derogation from Regulation (EC) No 1967/2006 as regards the minimum distance from coast and the minimum sea depth for boat seines fishing for transparent and Ferrer’s gobies ( Aphia minuta and Pseudaphia ferreri ) and Lowbody picarel ( Spicara smaris ) in certain territorial waters of Spain (Balearic Islands)

• Published date: 03 December 2013
• Subject Matter: Fisheries policy
• Official Gazette Publication: Official Journal of the European Union, L 322, 3 December 2013

3.12.2013 EN Official Journal of the European Union L 322/17

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COMMISSION IMPLEMENTING REGULATION (EU) No 1233/2013

of 29 November 2013

establishing a derogation from Regulation (EC) No 1967/2006 as regards the minimum distance from coast and the minimum sea depth for boat seines fishing for transparent and Ferrer’s gobies (Aphia minuta and Pseudaphia ferreri) and Lowbody picarel (Spicara smaris) in certain territorial waters of Spain (Balearic Islands)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea (1), and in particular Article 13(5) thereof,

Whereas:

(1) Article 13(1) of Regulation (EC) No 1967/2006 prohibits the use of towed gears within 3 nautical miles of the coast or within the 50 m isobath where that depth is reached at a shorter distance from the coast.

(2) At the request of a Member State, the Commission may allow a derogation from Article 13(1)of Regulation (EC) No 1967/2006, provided that a number of conditions set out in Article 13(5) and(9) are fulfilled.

(3) On 8 October 2012 the Commission received a request for derogation from Spain to Article 13(1) of that Regulation, for the use of boat seines fishing for Transparent and Ferrer’s gobies (Aphia minuta and Pseudaphia ferreri) and lowbody picarel (Spicara smaris), within its territorial waters in the Autonomous Community of the Balearic Islands.

(4) The request covers vessels registered in the maritime census managed by the Directorate-General for Rural and Marine Environment of the Balearic Islands which have a track record in the fishery of more than five years and will operate under a management plan regulating boat seines fishing for transparent and Ferrer’s gobies (Aphia minuta and Pseudaphia ferreri) and lowbody picarel (Spicara smaris).

(5) The management plan guarantees no future increase in the fishing effort, foreseeing that whenever one of the 60 authorised vessels stops the activity only a vessel with an equal or minor capacity in terms of tonnage and power will be able to replace it in the census.

(6) The Scientific, Technical and Economic Committee for Fisheries (STECF) has assessed the derogation requested by Spain and the related draft management plan at its plenary session held from 5 to 9 November 2012.

(7) Spain has adopted the management plan by Decree 44/2013 of 4 October, establishing a multi-island Management Plan for traditional boat seine fisheries in the waters of the Balearic Islands (2) in accordance with Article 19(2) of Regulation (EC) No 1967/2006.

(8) The derogation requested by Spain complies with the conditions set out in Article 13(5) and (9) of Regulation (EC) No 1967/2006.

(9) In particular, given both the limited size of the continental shelf and the spatial distribution of the target species, which is exclusively limited to certain zones in the coastal areas at depths of less than 50 meters, the fishing grounds are limited.

(10) Moreover, the fishery cannot be undertaken with other gears, has no significant impact on

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