Fish Species

Conserving fish stocks in countries with unsustainable fishing

Regulation (EU) No 1026/2012 — measures for the purpose of the conservation of fish stocks in relation to countries allowing non-sustainable fishing. It has applied since 5 August 2018.

It sets up a system allowing the EU to adopt measures in regard to the activities and policies of certain non-EU countries which allow non-sustainable fishing.
These measures are designed to help the conservation of fish stocks of common interest* both to the EU and the non-EU countries in question.

Regulation (EU) 2018/973 — establishing a multiannual plan for demersal stocks in the North Sea and the fisheries exploiting those stocks, specifying details of the implementation of the landing obligation in the North Sea

It establishes a multiannual plan for demersal* fish populations in the North Sea and the fisheries catching them.

Scope

Demersal fish species covered by this regulation include:

cod;
haddock;
plaice;
saithe;
sole;
whiting;
anglerfish;
northern prawn;
Norway lobster.
It also covers by-catches* caught when fishing for one of the listed species.

Objectives

The plan aims to:

help the EU and EU countries meet the objectives of the common fisheries policy (CFP), and in particular to ensure that fish species are caught sustainably;
contribute to eliminating fish discards* at sea by avoiding and reducing unwanted catches and by implementing the landing obligation for the fish species covered;
implement the ecosystem approach to fisheries management to minimise any negative impacts of fishing on the marine environment.

It includes:

quantifiable targets with clear timeframes;
conservation reference points to ensure fish populations can reproduce fully;
safeguard measures;
technical measures to avoid and reduce unwanted catches;
rules on access to waters and resources;
principles for managing stocks of common interest to the EU and non-EU countries;
strengthened regional cooperation providing a voice to local fisheries;
authorisation for the European Commission, on the basis of scientific advice, to adopt delegated acts, to adapt the geographical distribution of the stocks provided for in the plan and to submit a proposal to amend the list of stocks.

BACKGROUND

The EU is a party to the UN Convention on the Law of the Sea.
The EU fisheries control system ensures that rules of the CFP are respected.

Demersal: fish species which live on or close to the sea bed.
By-catch: unwanted fish and marine species caught unintentionally.
Discarding: practice of returning unwanted catches to the sea, either dead or alive, because they are undersized, due to market demand, the fisherman has no quota or because catch composition rules impose this

DOCUMENTS

Regulation (EU) 2018/973 of the European Parliament and of the Council of 4 July 2018 establishing a multiannual plan for demersal stocks in the North Sea and the fisheries exploiting those stocks, specifying details of the implementation of the landing obligation in the North Sea and repealing Council Regulations (EC) No 676/2007 and (EC) No 1342/2008 (OJ L 179, 16.7.2018, pp. 1-13)

Successive amendments to Regulation (EU) 2018/973 have been incorporated into the original document. This consolidated version is of documentary value only.

Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, pp. 22-61)

Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, pp. 1-50)

Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) (OJ L 164, 25.6.2008, pp. 19-40)

KEY POINTS

A country is identified as a country allowing non-sustainable fishing where:

it fails to cooperate in the management of a stock of common interest in full compliance with the rules agreed in the 1982 United Nations Convention on the Law of the Sea and in the 1995 United Nations Fish Stocks Agreement, or any other international agreement or norm of international law; and
either:
it fails to adopt necessary fishery management measures; or
it adopts fishery management measures without due regard to the rights, interests and duties of other countries and the EU which, when cumulated with the measures taken by other countries and the EU, lead to fishing which could result in unsustainable stocks.
Measures the EU can take

Examples of the measures that the European Commission can take in respect of a country allowing non-sustainable fishing include:

quotas on imports of fish from the stock of common interest that have been caught under the control of that country and on imports of fishery products containing such fish;
restrictions on the use of EU ports by vessels
flying the flag of that country which fish or which transport fish or fish products derived from the stock of common interest and/or associated species,
flying another flag that are authorised by that country;
bans on the purchase by EU fishing companies of a fishing vessel flying the flag of that country;
bans on the reflagging of fishing vessels flying the flag of an EU country to the flag of that country;
bans on the export to that country of fishing vessels flying the flag of an EU country or of fishing equipment and supplies needed to fish on the stock of common interest;
bans on making private trade arrangements between EU fishing operators and that country that enable a fishing vessel flying the flag of an EU country to use fishing opportunities of that country;
prohibiting joint fishing operations involving EU fishing vessels and fishing vessels flying the flag of that country.

All measures taken must be:

related to the conservation of the stock of common interest;
made effective in conjunction with restrictions on fishing by EU vessels, or on production or consumption within the EU, of fish and products containing fish of the species for which the measures have been adopted;
proportionate to the objectives pursued and compatible with the obligations imposed by international agreements to which the EU is a party and any other relevant norms of international law.

Prior to adopting measures, the Commission must notify the country concerned of the intention to identify it as a country allowing non-sustainable fishing. In such cases, it must immediately inform the European Parliament and the Council.

KEY TERMS

Stock of common interest: a fish stock whose geographical distribution makes it available to both EU and non-EU countries and the management of which requires the cooperation between such countries and the EU, in either bilateral or multilateral settings.

DOCUMENTS

Regulation (EU) No 1026/2012 of the European Parliament and of the Council of 25 October 2012 on certain measures for the purpose of the conservation of fish stocks in relation to countries allowing non-sustainable fishing (OJ L 316, 14.11.2012, pp. 34-37)

It has applied since 17 November 2012.

Multiannual plan for demersal stocks in the western Mediterranean Sea

Regulation (EU) 2019/1022 establishing a multiannual plan for the fisheries exploiting demersal stocks in the western Mediterranean Sea

It introduces for the first time a multiannual plan for the conservation and sustainable exploitation of demersal* stocks in the western Mediterranean Sea, in line with the Common Fisheries Policy (CFP). The main objectives of the plan are:

to contribute to achieving the objectives of the CFP objectives, in particular by applying precautionary and ecosystem-based approaches to fisheries management;
to ensure that exploitation of marine biological resources restores and maintains populations of harvested species above levels which can produce the maximum sustainable yield (MSY)*;
to contribute to eliminating discards by avoiding and reducing unwanted catches, and implement the landing obligation* in the long-term.

Scope

The regulation applies to the stocks driving demersal fisheries (i.e. hake, red mullet, deep-water rose shrimp, blue and red shrimp, giant red shrimp and Norway lobster), by-catch* stocks and other demersal stocks for which sufficient data are not available. It also applies to commercial and, to a certain extent, recreational fisheries exploiting those stocks in the western Mediterranean (i.e. General Fisheries Commission for the Mediterranean sub-areas 1, 2, 5, 6, 7, 8, 9, 10, 11).

Targets

The fishing mortality targets are FMSY* ranges which should be achieved by 2020 where possible, and by 1 January 2025 at the latest, and then maintained within these ranges. These targets are set based on the best available scientific advice, in particular by the Scientific, Technical and Economic Committee for Fisheries (STECF), or a similar recognised independent scientific body.

Conservation reference points and safeguard measures

Conservation reference points are benchmarks used to compare the status of a stock to the desired state, helping to determine the success of the fishery

where scientific advice shows that the spawning stock biomass* of any of the stocks concerned is below the precautionary reference point, expressed as spawning stock biomass (BPA), all appropriate remedial measures must be taken to ensure the rapid return of stocks to levels above those capable of producing MSY.
where spawning stock biomass is below the limit reference point, expressed as spawning stock biomass (BLIM), further remedial measures must be taken, including suspending the targeted fishery for the stocks concerned and reducing maximum allowable fishing effort according to the nature, seriousness, duration and repetition of the situation.
Fishing effort regime

The regulation introduces a fishing effort regime at EU level for all trawls exploiting demersal stocks in the western Mediterranean Sea. Each year, the Council sets a maximum allowable fishing effort (number of fishing days) for each fishing effort group managed by each EU country. The plan foresees a 10% reduction for 2020 and up to 30% reduction between the second and fifth years. The Council may also set limits for recreational fishing. Data on fishing effort will be shared with the European Commission.

Closure areas

The use of trawls is banned within 6 nautical miles from the coast, except in areas deeper than 100 m, for 3 months each year based on scientific advice, timing to be determined by each EU country and applying during the most relevant period.
On expert advice, EU countries may establish other closure areas, provided that a reduction of at least 20% of catches of juvenile hake in each geographical subarea is achieved.
By 17 July 2021, other closure areas must be established where there is evidence of a high concentration of juvenile fish, below the minimum conservation reference size, and of spawning grounds of demersal stocks, in particular for the stocks concerned.
Landing obligation

The regulation provides details as to the long-term implementation of the landing obligation. In particular, it introduces regionalisation provisions as required to extend and/or amend exemptions for species with demonstrated high survival rates and de minimis exemptions*.

European Maritime and Fisheries Fund

The regulation provides support from the European Maritime and Fisheries Fund (EMFF) for temporary and permanent cessation measures of fishing activities for the trawl vessels subject to the plan.

The regulation has applied since 16 July 2019. The fishing effort regime applies from 1 January 2020. The targets and the safeguard measure for the precautionary reference point (BPA) apply from 1 January 2025.

KEY TERMS

Demersal: fish species which live on or close to the sea bed.
Maximum sustainable yield (MSY): an assessment of the maximum number of fish a population can produce in a given year.

Landing obligation: requires all catches of regulated commercial species on-board to be landed and counted against quota.
By-catch: unwanted fish and marine species caught unintentionally.

FMSY: a biological reference point for fisheries management. It is the fishing pressure that gives the maximum sustainable yield in the long term.
Spawning stock biomass: the total weight of all sexually mature fish in the stock.
De minimis exemption: an exemption allowing a small percentage of the total catch of certain species to be discarded because it is difficult to completely avoid unwanted catches.

DOCUMENTS

Regulation (EU) 2019/1022 of the European Parliament and of the Council of 20 June 2019 establishing a multiannual plan for the fisheries exploiting demersal stocks in the western Mediterranean Sea and amending Regulation (EU) No 508/2014 (OJ L 172, 26.6.2019, pp. 1-17)

Successive amendments to Regulation (EU) 2019/1022 have been incorporated into the original text. This consolidated version is of documentary value only.

Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1224/2009 and Regulations (EU) No 1380/2013, (EU) 2016/1139, (EU) 2018/973, (EU) 2019/472 and (EU) 2019/1022 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005 (OJ L 198, 25.7.2019, pp. 105-201)

Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, pp. 1-50)

See consolidated version.

Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on the European Maritime and Fisheries Fund and repealing Council Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) No 1198/2006 and (EC) No 791/2007 and Regulation (EU) No 1255/2011 of the European Parliament and of the Council (OJ L 149, 20.5.2014, pp. 1-66)

Ministerial conference on the sustainability of Mediterranean fisheries, 30 March 2017 (Malta MedFish4Ever Declaration).

Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 1626/94 (OJ L 409, 30.12.2006, pp. 11-85). Text republished in corrigendum (OJ L 36, 8.2.2007, pp. 6-30)

Removal of shark fins

Regulation (EC) No 1185/2003 on the removal of fins of sharks on board vessels

It aims to ban the practice of shark finning whereby a shark’s fins are removed and the remainder of the shark is discarded at sea.
The regulation was amended by Regulation (EU) No 605/2013 to remove exemptions to the ban.

Scope

The regulation applies to:

all fishing vessels operating in EU waters;
EU vessels operating outside those maritime waters falling within the sovereignty of the EU countries.
It prohibits:

the removal of shark fins on board vessels and their retention on board, transshipment* or landing;
the purchase or sale of shark fins which have been removed on board, retained on board, transshipped or landed in contravention of the regulation.
This prohibition applies to fish belonging to the taxon Elasmobranchii (which includes sharks, skates, rays and similar species), except for the removal of ray wings.

Conditions

To facilitate on-board storage, fins may be partially sliced through and folded against the carcass, but must not be removed from the carcass before landing.

Reporting

Under this regulation, the country under whose flag the vessel is fishing, in accordance with the EU fisheries control system, must send the European Commission an annual report on the compliance with the regulation including:

the number of landings of sharks;
the number, date and place of the inspections that have been carried out;
the number and nature of cases of non-compliance detected, including a full identification of the vessel(s) involved and the penalty applied for each case of non-compliance; and
the total landings by species (weight/number) and by port.
In 2016, the Commission published a report on the operation of the regulation following its amendment in 2013, and on the international developments in this field.

It has applied since 2 September 2003.

KEY TERMS

Shark fins: any fins of sharks including caudal fins, but excluding the pectoral fins of rays, which are a constituent part of raywings.
Transshipment: the transfer of a catch from a smaller fishing boat to a larger one which then incorporates it into a larger batch for shipment.

DOCUMENT

Council Regulation (EC) No 1185/2003 of 26 June 2003 on the removal of fins of sharks on board vessels (OJ L 167, 4.7.2003, pp. 1-3)

Successive amendments to Regulation (EC) No 1185/2003 have been incorporated into the original text. This consolidated version is of documentary value only.

Report from the Commission to the European Parliament and the Council on the operation of Council Regulation (EC) No 1185/2003 on the removal of fins of sharks on board vessels, as amended by Regulation (EU) No 605/2013, and on the international developments in this field (COM(2016) 207 final, 15.4.2016)

International Dolphin Conservation Programme

Decision 1999/337/EC on the signature of the Agreement on the International Dolphin Conservation Programme

It enables the European Union (EU) to approve the Agreement on the International Dolphin Conservation Programme which aims tp reduce dolphin mortalities during tuna fishing.

It also paved the way to the EU joining the Inter-American Tropical Tuna Commission (IATTC) which is responsible for the conservation and management of tuna and other marine resources in the eastern Pacific Ocean.
These 2 steps allow the EU to play an active role in the management of the Agreement.

KEY POINTS

The agreement on the International Dolphin Conservation Programme is aimed at limiting dolphin mortalities during tuna fishing in the eastern Pacific Ocean.

Specifically, it aims to:

gradually reduce incidental dolphin mortalities in the tuna purse-seine* fishery in the eastern Pacific Ocean to levels approaching zero, through setting annual limits;
promote research for the purpose of seeking ecologically-sound ways to catch large yellowfin tunas, not along with dolphins;
ensure the long-term sustainability of tuna stocks by avoiding the bycatch* and discard of juvenile tuna.

Measures

The parties to the agreement are obliged to limit total incidental dolphin mortality during tuna fishing to no more than 5,000 annually (in 2015, actual mortality was 533 dolphins). To achieve this, they have agreed to:

establish a system that provides incentives to vessel captains to reduce incidental dolphin mortality, as well as a system of technical training and certification for captains;
promote research for the purpose of improving fishing gear, equipment and fishing techniques;
establish a fair system for assigning dolphin mortality limits (DMLs), in accordance with the rules of the agreement;
impose certain operational requirements (concerning dolphin safety gear and equipment, and the release of dolphins, etc.) on vessels;
develop a system for the tracking and verification of tuna fished with and without mortality or serious injury of dolphins;
exchange scientific research data.

Long-term sustainability

In order to ensure the long-term sustainability of marine life, the contracting parties must:

draw up programmes which make it possible to assess, monitor and minimise the bycatch of juvenile tuna and non-target species;
develop and require the use of selective fishing gear and techniques;
require that vessels release alive sea turtles and other threatened species.
In addition to these specific obligations, the signatory parties must also fulfil the following obligations in order to ensure the long-term sustainability of tuna stocks and other stocks of marine life:

adoption of conservation and management measures;
assessment of the catch and bycatch of juvenile yellowfin tuna and other stocks of living marine resources associated with tuna fishing.

Observation programme

An on-board observation programme must be introduced by all the parties for ships with a carrying capacity greater than 363 metric tons. On-board observers must undergo specialist training and gather all relevant information on the fishing operations of the vessel to which they are assigned.

The parties must comply with these requirements and with the operational requirements by means of:

an annual certification and inspection programme for vessels;
sanctions applicable in the event of violations;
incentives.

Review and assessment

Each party will set up a National Scientific Advisory Committee to conduct scientific reviews and assessments, make recommendations to its own government and ensure the regular exchange of data among the parties. In practice, this role has been taken over by the IATTC Scientific Staff and the IATTC Scientific Advisory Committee.

An International Review Panel is set up, composed of representatives of the signatory parties, NGOs and the tuna industry. This Commission carries out supervisory and analysis tasks. It recommends to the meeting of the parties relevant measures for achieving the objectives of the agreement.

KEY TERMS

Purse-seine: a type of net used to capture fish at or close to the water’s surface. Once a school of fish has been located, the net is dropped into the water and pulled around the fish. Once they have been surrounded, a rope is tightened around the fish, forming a purse shape, and pulled on board the fishing vessel.

Bycatch: fish or other marine species caught unintentionally while attempting to catch certain target species.

DOCUMENTS

Council Decision 1999/337/EC of 26 April 1999 on the signature by the European Community of the Agreement on the International Dolphin Conservation Programme (OJ L 132, 27.5.1999, pp. 1–27)

Council Regulation (EC) No 1936/2001 of 27 September 2001 laying down control measures applicable to fishing for certain stocks of highly migratory fish (OJ L 263, 3.10.2001, pp. 1–8)

Council Decision 2005/938/EC of 8 December 2005 on the approval on behalf of the European Community of the Agreement on the International Dolphin Conservation Programme (OJ L 348, 30.12.2005, pp. 26–27)

Multiannual recovery plan for bluefin tuna

Regulation (EU) 2016/1627 on a multiannual recovery plan for bluefin tuna in the eastern Atlantic and the Mediterranean

It updates the EU rules on applying the multiannual recovery plan for Bluefin tuna in the eastern Atlantic and the Mediterranean, which runs from 2007 to 2022, and recommended by the International Commission for the Conservation of Atlantic Tunas (ICCAT), an inter-governmental fishery organisation to which the EU is a contracting party.
It replaces and repeals Council Regulation (EC) No 302/2009.

KEY POINTS

The regulation’s objective is to achieve a biomass* of bluefin tuna corresponding to the maximum sustainable yield by 2022 with at least a 60% probability of achieving that objective.

Each EU country must

ensure that the fishing effort of its catching vessels and its traps are proportionate to the bluefin tuna fishing opportunities (total allowable catches allocated under Regulation (EU) No 1380/2013 — EU’s new Common Fisheries Policy (CFP)) available to it in the eastern Atlantic and the Mediterranean:
submit to the European Commission an annual fishing plan for its vessels and traps and annual fishing capacity and farming management plans that ensures its fishing capacity is in line with its allocated quota.

The regulation sets out the fishing seasons applicable to various types of fishing vessels and contains rules on:

minimum conservation reference sizes (generally, 30 kg or 115 cm fork length, although lower in certain fisheries);
incidental catches (parts of catches which are not targeted) — up to maximum of 5% of bluefin tuna weighing between 8 and 30 kg or with a fork length between 75 and 115 cm;
by-catches (incidental catches plus discards) — should not exceed 5% of the total catch on board by weight or number of fish;
use of aerial means, such as aircraft, to search for bluefin tuna is prohibited;
records of both fishing and non-catching vessels and traps — EU countries have to supply these to the Commission each year;
recording requirements — vessels must use logbooks to record information (Annex II – Part A);
designated ports for landing or transhipping bluefin tuna— EU countries must send a list of these ports to the Commission each year;
caging operations, their authorisation and inspection;
monitoring and surveillance — vessel monitoring, national observer programmes, ICCAT regional observer programme;
inspections and cross-checks — ICCAT Scheme of Joint International Inspection, EU countries’ inspection plans;
marketing — trade, landing, import, export, pacing in cages for fattening or farming, re-export and transhipment of bluefin tuna are not permitted in the EU unless accompanied by accurate, complete and validated documentation, as set out in this regulation, Regulation (EU) No 640/2010 and Regulation (EC) No 1936/2001;
catches in the cases of sport or recreational fishing:
no more than one bluefin tuna may be caught per vessel;
any bluefin tuna landed must be whole, gilled and/or gutted;
measures to be introduced in EU countries to ensure the release of bluefin tuna, especially juveniles, caught alive in the course of sport and recreational fishing;
the sale of bluefin tuna caught during sport and recreational fishing is banned.

DOCUMENT

Regulation (EU) 2016/1627 of the European Parliament and of the Council of 14 September 2016 on a multiannual recovery plan for bluefin tuna in the eastern Atlantic and the Mediterranean, and repealing Council Regulation (EC) No 302/2009 (OJ L 252, 16.9.2016, pp. 1-52)It has applied since 6 October 2016.

Successive amendments to Regulation (EU) No 1380/2013 have been incorporated into the original document. This consolidated version is of documentary value only.

Regulation (EU) No 640/2010 of the European Parliament and of the Council of 7 July 2010 establishing a catch documentation programme for bluefin tuna Thunnus thynnus and amending Council Regulation (EC) No 1984/2003 (OJ L 194, 24.7.2010, pp. 1-22)

Council Regulation (EC) No 1936/2001 of 27 September 2001 laying down control measures applicable to fishing for certain stocks of highly migratory fish (OJ L 263, 3.10.2001, pp. 1-8)