Council Regulation (EC) No 894/97 of 29 April 1997 laying down certain technical measures for the conservation of fishery resources

Celex Number31997R0894
Coming into Force23 May 1997,30 December 1997
End of Effective Date31 December 9999
Published date23 May 1997
Date29 April 1997
ELIhttp://data.europa.eu/eli/reg/1997/894/oj
Official Gazette PublicationGazzetta ufficiale delle Comunità europee, L 132, 23 maggio 1997,Diario Oficial de las Comunidades Europeas, L 132, 23 de mayo de 1997,Journal officiel des Communautés européennes, L 132, 23 mai 1997
EUR-Lex - 31997R0894 - EN

Council Regulation (EC) No 894/97 of 29 April 1997 laying down certain technical measures for the conservation of fishery resources

Official Journal L 132 , 23/05/1997 P. 0001 - 0027


COUNCIL REGULATION (EC) No 894/97 of 29 April 1997 laying down certain technical measures for the conservation of fishery resources

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Having regard to the opinion of the Economic and Social Committee (2),

(1) Whereas Council Regulation (EEC) No 3094/86 of 7 October 1986 laying down certain technical measures for the conservation of fishery resources (3), has been frequently and substantially amended; whereas for reasons of clarity and rationality that Regulation should be codified;

(2) Whereas, in order to ensure the protection of marine biological resources and the balanced exploitation of fishery resources in the interests of both fishermen and consumers, technical measures should be laid down for the conservation of fishery resources specifying inter alia the mesh sizes, by-catch rates and fish sizes permitted, as well as the limitation of fishing within certain areas and periods and with certain gear;

(3) Whereas a balance needs to be struck between adjusting technical conservation measures to the diversity of the fisheries and the need for homogeneous rules which are easier to apply;

(4) Whereas the rules governing fishing operations in the Skagerrak and Kattegat, agreed between the Community and Norway and Sweden, should be included in this Regulation; whereas, taking account of scientific advice, it is therefore necessary to establish seasonal limitations on certain fishing activities in the Skagerrak and the Kattegat;

(5) Whereas management measures concerning fishing in the Baltic Sea should be adopted by the International Baltic Sea Fishery Commission;

(6) Whereas discards currently account for unacceptable wastage on a large scale; whereas a ban on fishing using insufficiently selective techniques or practised in areas where juveniles are concentrated, together with increases in mesh sizes and the prohibition of gear conducive to discarding, constitute a first step towards the final elimination of practices which are incompatible with conservation and the proper use of resources; whereas it is necessary to introduce a coherent system of management and exploitation which reduces discards to a minimum;

(7) Whereas it is appropriate to define directed fishing for certain species of fish as well as by-catches and protected species;

(8) Whereas extensive trials have shown that the use of square mesh panels ahead of and above the cod-end can play a significant part in reducing under-size fish;

(9) Whereas industrial fishing is a continuous activity and whereas, accordingly, the conditions governing it should also be stable;

(10) Whereas the catching of certain species to be transformed into fish-meal or oil can be carried out with a derogatory mesh size provided that such catching operations do not have a negative influence on other demersal stocks, in particular cod and haddock;

(11) Whereas there is an increasing tendency to use smaller and smaller mesh sizes for bottom set gillnets, entangling nets and trammel nets, which is resulting in increasing mortality rates for juveniles of the target species of the fisheries concerned;

(12) Whereas this trend should be checked and the mesh sizes used for passive gear such as bottom set gillnets, entangling nets and trammel nets should be designed to achieve selective catches of the target species or group of target species;

(13) Whereas biological parameters for the species concerned differ between geographical areas; whereas these differences justify the application of different measures in those areas;

(14) Whereas in order to permit fishermen adequate time to adapt existing gear to the new requirements, a sufficient transition period should be provided;

(15) Whereas the manner in which the size of crustaceans and molluscs are to be measured should be defined;

(16) Whereas the rules concerning fishing within the 12-mile coastal zone should be defined in terms which are enforceable;

(17) Whereas in this respect, protection of nursery areas should be provided for in the coastal zone of Member States, taking into account the specific biological conditions on those various zones;

(18) Whereas the non-selective use of purse seines on schools of tuna and other species of fish found in association with or in close proximity to marine mammals may result in the pointless catching and killing of such mammals;

(19) Whereas, when properly and responsibly conducted the use of purse seines is an effective method of fishing solely for desired target species; whereas under such circumstances it no longer represents a threat to the conservation of marine mammals;

(20) Whereas on 22 December 1989 the General Assembly of the United Nations adopted Resolution 44/225 on large-scale pelagic driftnet fishing and its impact on the living marine resources of the world's oceans and seas;

(21) Whereas by Decision 82/72 EEC (4) the Council approved the Convention on the conservation of European wildlife and natural habitats (Berne Convention);

(22) Whereas the Community has signed the United Nations Convention on the Law of the Sea which requires all the members of the international community to cooperate in the conservation and management of the living resources of the high seas;

(23) Whereas the uncontrolled expansion and growth of drift-netting may entail serious disadvantages in terms of increased fishing effort and increased by-catches of species other than the target species; whereas it is therefore desirable to regulate fishing with driftnets;

(24) Whereas, in order not to hinder scientific research, this Regulation should not apply to operations which may be necessitated, even incidentally, by the conduct of such research;

(25) Whereas, where conservation is seriously threatened, Member States should be permitted to take appropriate provisional measures;

(26) Whereas additional national measures of a strictly local character should not be invalidated or hampered by the adoption of this Regulation;

(27) Whereas, therefore, such measures may be maintained or adopted subject to consideration by the Commission of their compatibility with Community law and conformity with the common fisheries policy;

(28) Whereas this Regulation should apply without prejudice to certain national measures going beyond the minimum requirements which it lays down;

(29) Whereas urgent new conservation measures and detailed rules on the implementation of this Regulation may be necessary; whereas such measures and rules should be adopted in accordance with the procedure laid down in Article 18 of Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture (5),

HAS ADOPTED THIS REGULATION:

Article 1 Definition of areas

1. This Regulation shall apply to the taking and landing of fishery resources occurring in all maritime waters under the sovereignty or jurisdiction of the Member States, except as otherwise provided for in Article 6 (1) (b), Article 10 (17) and Article 11 (3), and situated in one of the following regions:

Region 1

All waters which lie to the north and west of a line running from at point latitude 48° N longitude 18° W; thence due north to latitude 60° N; thence due east to longitude 5° W; thence due north to latitude 60° 30' N; thence due east to longitude 4° W; thence due north to latitude 64° N; thence due east to the coast of Norway.

Region 2

All waters situated north of latitude 48° N, but excluding the waters in Region 1 and ICES divisions III b, III c and III d.

Region 3

All waters corresponding to ICES sub-areas VIII and IX.

Region 4

All waters corresponding to ICES sub-area X.

Region 5

All waters situated in that part of the east central Atlantic comprising divisions 34.1.1, 34.1.2 and 34.1.3 and sub-area 34.2.0 of fishing zone 34 of the FAO-Cecaf region, excluding the waters under the sovereignty or jurisdiction of Spain situated around the Canary Islands.

Region 6

All waters off the coast of the French department of Guyana.

Region 7

All waters off the coasts of the French departments of Martinique and Guadeloupe.

Region 8

All waters off the coasts of the French department of Réunion.

2. The geographical areas designated in this Regulation by the letters 'NAFO`, 'ICES` and 'FAO` shall be those defined by the Northwest Atlantic Fisheries Organization, the International Council for the Exploration of the Sea, and the Food and Agricultural Organization of the United Nations, respectively. They are described, subject to any subsequent amendments, in Council Regulation (EEC) No 3179/78 of 28 December 1978 concerning the conclusion by the European Economic Community of the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries (6), and in Commission communications Nos 85/C 335/02 (7) and 85/C 347/05 (8).

3. The regions referred to in paragraph 1 may be divided into geographical areas in accordance with the procedure referred to in Article 18, in particular on the basis of the definitions referred to in paragraph 2 thereof.

4. Notwithstanding paragraph 2, for the purposes of this Regulation, the Kattegat is limited in the north by a line drawn from Skagen lighthouse to the lighthouse in Tistlarna, and from there to the nearest point on the Swedish coast, and in the south by a line drawn from Hasenore Head to Gniben Point, from Korshage to Spodsbjerg, and from Gilbjerg Head to the Kullen.

The Skagerrak is limited in the west by a line drawn from the lighthouse of Hanstholm to the...

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