Key data
| Regulation | Order APA/731/2026, of July 7 |
|---|---|
| Publication | July 16, 2026 |
| Entry into force | July 16, 2026 |
| Affected parties | Shipowners and fishing vessels flying the Spanish flag in voluntary scientific campaigns |
| Category | Agriculture and Fisheries |
| Maximum applicable percentage | 2% (limit set by EC Regulation 1224/2009) |
| Regulation replaced | Order APA/441/2023 |
| Main novelty | Extension of the benefit to fishing effort, in addition to catches |
Shipowners participating in voluntary scientific campaigns have access to a specific benefit: catches and fishing effort carried out in those campaigns do not count against their assigned quotas. Order APA/731/2026, in force since July 16, 2026, updates and expands the framework that has regulated this possibility since Order APA/441/2023.
The basic legal reference is EC Regulation 1224/2009, which sets 2% as the maximum ceiling for catches and effort that can be excluded from quota calculation for the entire Spanish fleet.
What does this regulation establish?
Order APA/731/2026 regulates how fishing vessels flying the Spanish flag can benefit from the 2% percentage provided for in EC Regulation 1224/2009 to exclude catches and fishing effort from their quotas when participating in authorized scientific campaigns.
Below are the key elements established by the regulation:
| Element | Detail |
|---|---|
| Main benefit | Catches and fishing effort in scientific campaigns do not count against the vessel's assigned quotas |
| Novelty compared to APA/441/2023 | The benefit is extended to fishing effort; previously only catches were contemplated |
| Campaign requirement | Must respond to the strategic lines of the General Secretariat of Fisheries and have the advice of a scientific institute |
| Participation | Voluntary on the part of the shipowner |
| Percentage distribution | Equitable distribution criteria are established to prevent early exhaustion of the available 2% |
| Processing | Exclusively through electronic means |
| Excluded stocks | Stocks with specific regulation in the annual EU TAC regulations |
The precedent of premature exhaustion in 2021 is the driver of the new distribution criteria: without an orderly distribution, those who applied first would monopolize the available percentage, leaving out the rest of the interested fleet.
Economic and operational impact
For a shipowner, participating in a scientific campaign under this regime has a direct impact on quota management: catches and days of effort used in the campaign are not deducted from their commercial quota. This is equivalent to de facto expanding the vessel's operational capacity without consuming fishing rights.
The most relevant operational changes compared to the previous situation are:
- Fishing effort included: Before Order APA/731/2026, only catches were excluded from the calculation. Now fishing effort days (vessel activity time) are also excluded, which significantly expands the benefit for fleets with effort restrictions.
- Equitable distribution: The new criteria prevent a small group of shipowners from exhausting the available 2%, as happened in 2021. This makes the system more predictable and accessible for the entire fleet.
- 100% electronic processing: Applications must be managed electronically, which means having the necessary digital means and knowing the procedure before starting the campaign.
- Excluded stocks: Stocks with specific regulation in the annual EU TAC regulations are excluded from this regime, so the shipowner must verify in advance whether their target species is included or not.
Who does it affect?
- Shipowners of fishing vessels with Spanish flag who participate or wish to participate in voluntary scientific campaigns.
- Fishing companies that manage fleets with quota or effort restrictions and seek to optimize their operational capacity.
- Entities that organize or finance scientific campaigns in collaboration with the Spanish fishing fleet.
- Scientific institutes that advise campaigns framed within the strategic lines of the General Secretariat of Fisheries.
- Advisors and managers of fishing companies that process applications and manage quotas with the administration.
Vessels operating on stocks with specific regulation in the annual EU TAC regulations are not affected, as these are expressly excluded from the regime.
Practical example
A Galician shipowner operates a trawler with an annual hake quota and fishing effort day restrictions. He receives a proposal to participate in a voluntary scientific campaign for stock assessment, framed within the strategic lines of the General Secretariat of Fisheries and advised by an oceanographic institute.
Under Order APA/731/2026, if the application is processed electronically and approved within the available percentage:
- Catches made during the campaign are not deducted from his hake quota.
- Days of vessel activity in the campaign do not count against his authorized effort days (novelty compared to the previous regulation).
- The shipowner can therefore keep his commercial fishing capacity intact for the rest of the year.
This benefit is only possible if the target species is not specifically regulated in the annual EU TAC regulation and if the 2% percentage has not been exhausted by other previous applicants, something that the new equitable distribution criteria seek precisely to prevent.
What should companies do now?
- Verify if target species are excluded: Check whether the stocks on which the vessel operates have specific regulation in the annual EU TAC regulations. If so, the regime does not apply.
- Identify eligible scientific campaigns: Contact the General Secretariat of Fisheries or scientific institutes to learn about active campaigns that respond to current strategic lines and have accredited scientific advice.
- Prepare the electronic application: Ensure you have the necessary digital means (electronic certificate, access to the corresponding electronic office) before starting the process. Processing is exclusively electronic.
- Act in advance: Given that the available percentage (2%) is limited and distributed among all applicants, submitting the application with time is key to not being left out of the distribution, as happened in 2021.
- Review the impact on quota management: Inform the quota management team that catches and effort from the approved campaign should not be counted against assigned limits, to avoid errors in internal tracking.
Frequently asked questions
What percentage of catches can be excluded from the quota in scientific campaigns?
The maximum limit is 2% of catches and fishing effort, in accordance with EC Regulation 1224/2009. This percentage is distributed among all Spanish shipowners participating in authorized voluntary scientific campaigns, with equitable distribution criteria to prevent the premature exhaustion that occurred in 2021.
What changes does Order APA/731/2026 introduce compared to the previous Order APA/441/2023?
The main novelty is the extension of the benefit to fishing effort. Order APA/441/2023 only allowed catches to be excluded from quota calculation. With the new regulation, vessel activity days (fishing effort) are also excluded from the calculation when carried out within an authorized scientific campaign. Additionally, equitable distribution criteria for the available percentage are introduced.
What stocks are excluded from this regime?
Stocks with specific regulation in the annual EU TAC regulations are excluded. Before requesting exclusion, the shipowner must verify whether the species on which he operates is subject to this specific regulation or not.
How is the application processed to benefit from this regime?
Applications must be processed exclusively through electronic means. It is essential to have a digital certificate or the electronic identification means required by the corresponding administrative office. Paper processing is not accepted.
What requirements must scientific campaigns meet to be eligible?
Campaigns must respond to the strategic lines of the General Secretariat of Fisheries and have the advice of a scientific institute. Shipowner participation is voluntary, but the campaign must be previously authorized for catches and effort to be excluded from quota calculation.
Official source
Consult complete regulation in official source
Notice: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-15552