1997R0894 — EN — 01.07.1998 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL REGULATION (EC)No 894/97
of 29 April 1997
laying down certain technical measures for the conservation of fishery resources
(OJ L 132, 23.5.1997, p. 1)
Amended by:
Official Journal
No page date
►M1Council Regulation (EC) No 1239/98 of 8 June 1998 L 171 1 17.6.1998
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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,
Havingreg ard to the Treaty establishingthe European Community, andin particular Article 43 thereof,
Havingreg ard to the proposal from the Commission,Havingreg ard to the opinion of the European Parliament(
1),
Havingreg ard to the opinion of the Economic and Social Committee(2),
(1)Whereas Council Regulation (EEC) No 3094/86 of 7 October
1986 layingdown certain technical measures for the conservationof fishery resources(
3), has been frequently and substantially
amended; whereas for reasons of clarity and rationality thatRegulation should be codified;
(2)Whereas, in order to ensure the protection of marine biologicalresources and the balanced exploitation of fishery resources inthe interests of both fishermen and consumers, technical meas-ures should be laid down for the conservation of fisheryresources specifying inter alia the mesh sizes, by-catch rates and
fish sizes permitted, as well as the limitation of fishingwithincertain areas and periods and with certain gear;
(3)Whereas a balance needs to be struck between adjustingtechnicalconservation measures to the diversity of the fisheries and theneed for homogeneous rules which are easier to apply;
(4)Whereas the rules governing fishing operations in the Skagerrakand Kattegat, agreed between the Community and Norway andSweden, should be included in this Regulation; whereas, takingaccount of scientific advice, it is therefore necessary to establishseasonal limitations on certain fishingactivities in the Skag errakand the Kattegat;
(5)Whereas manag ement measures concerningfishingin the BalticSea should be adopted by the International Baltic Sea FisheryCommission;
(6)Whereas discards currently account for unacceptable wastage ona larg e scale; whereas a ban on fishingusinginsufficiently selec-tive techniques or practised in areas where juveniles are concen-trated, together with increases in mesh sizes and the prohibitionof gear conducive to discarding, constitute a first step towards thefinal elimination of practices which are incompatible with conser-vation and the proper use of resources; whereas it is necessary tointroduce a coherent system of management and exploitationwhich reduces discards to a minimum;
(7)Whereas it is appropriate to define directed fishingfor certainspecies of fish as well as by-catches and protected species;
(8)Whereas extensive trials have shown that the use of square meshpanels ahead of and above the cod-end can play a significant partin reducingunder-size fish;
(9)Whereas industrial fishingis a continuous activity and whereas,accordingly, the conditions governing it should also be stable;
(1) OJ No C 362, 2. 12. 1996, p. 318.
(2) OJ No C 30, 30. 1. 1997, p. 93.
(3) OJ No L 288, 11. 10. 1986, p. 1. Regulation as last amended by Regula-
tion (EC) No 3071/95 (OJ No L 329, 30. 12. 1995, p. 14).
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(10)Whereas the catchingof certain species to be transformed into
fish-meal or oil can be carried out with a derogatory mesh sizeprovided that such catchingoperations do not have a neg ativeinfluence on other demersal stocks, in particular cod andhaddock;
(11)Whereas there is an increasingtendency to use smaller andsmaller mesh sizes for bottom set gillnets, entangling nets andtrammel nets, which is resultingin increasingmortality rates forjuveniles of the target species of the fisheries concerned;
(12)Whereas this trend should be checked and the mesh sizes usedfor passive gear such as bottom set gillnets, entangling nets andtrammel nets should be designed to achieve selective catches ofthe target species or group of target species;
(13)Whereas biological parameters for the species concerned differbetween geographical areas; whereas these differences justify theapplication of different measures in those areas;
(14)Whereas in order to permit fishermen adequate time to adaptexistingg ear to the new requirements, a sufficient transitionperiod should be provided;
(15)Whereas the manner in which the size of crustaceans andmolluscs are to be measured should be defined;
(16)Whereas the rules concerningfishingwithin the 12-mile coastalzone should be defined in terms which are enforceable;
(17)Whereas in this respect, protection of nursery areas should beprovided for in the coastal zone of Member States, takingintoaccount the specific biological conditions on those various zones;
(18)Whereas the non-selective use of purse seines on schools of tunaand other species of fish found in association with or in closeproximity to marine mammals may result in the pointlesscatchingand killingof such mammals;
(19)Whereas, when properly and responsibly conducted the use ofpurse seines is an effective method of fishingsolely for desiredtarget species; whereas under such circumstances it no longerrepresents a threat to the conservation of marine mammals;
(20)Whereas on 22 December 1989 the General Assembly of theUnited Nations adopted Resolution 44/225 on large-scale pelagicdriftnet fishingand its impact on the livingmarine resources ofthe world’s oceans and seas;
(21)Whereas by Decision 82/72 EEC (1) the Council approved the
Convention on the conservation of European wildlife and naturalhabitats (Berne Convention);
(22)Whereas the Community has signed the United Nations Conven-tion on the Law of the Sea which requires all the members of theinternational community to cooperate in the conservation andmanagement of the living resources of the high seas;
(23)Whereas the uncontrolled expansion and growth of drift-nettingmay entail serious disadvantages in terms of increased fishingeffort and increased by-catches of species other than the targetspecies; whereas it is therefore desirable to regulate fishing withdriftnets;
(24)Whereas, in order not to hinder scientific research, this Regula-tion should not apply to operations which may be necessitated,even incidentally, by the conduct of such research;
(1) OJ No L 38, 10. 2. 1982, p. 1.
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(25)Whereas, where conservation is seriously threatened, Member
States should be permitted to take appropriate provisional meas-ures;
(26)Whereas additional national measures of a strictly local charactershould not be invalidated or hampered by the adoption of thisRegulation;
(27)Whereas, therefore, such measures may be maintained or adoptedsubject to consideration by the Commission of their compatibilitywith Community law and conformity with the common fisheriespolicy;
(28)Whereas this Regulation should apply without prejudice tocertain national measures going beyond the minimum require-ments which it lays down;
(29)Whereas urgent new conservation measures and detailed rules onthe implementation of this Regulation may be necessary; whereassuch measures and rules should be adopted in accordance withthe procedure laid down in Article 18 of Council Regulation(EEC) No 3760/92 of 20 December 1992 establishingaCommunity system for fisheries and aquaculture(
1),
HAS ADOPTED THIS REGULATION:
Article 1
Definition of areas
1. This Reg ulation shall apply to the takingand landingof fishery
resources occurringin all maritime waters under the sovereig nty orjurisdiction of the Member States, except as otherwise provided for inArticle 6 (1) (b), Article 10 (17) and Article 11 (3), and situated in oneof the followingreg ions:
Region 1
All waters which lie to the north and west of a line runningfrom 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/prime1N; 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 excludingthe waters in
Region 1 and ICES divisions III b, III c and III d.
Region 3
All waters correspondingto ICES sub-areas VIII and IX.
Region 4
All waters correspondingto 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 fishingzone34 of the FAO-Cecaf region, excluding the waters under the sovereigntyor jurisdiction of Spain situated around the Canary Islands.
(1) OJ No L 389, 31. 12. 1992, p. 1. Regulation as last amended by the 1994
Act of Accession.
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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 NorthwestAtlantic Fisheries Organization, the International Council for theExploration of the Sea, and the Food and Agricultural Organization ofthe United Nations, respectively. They are described, subject to anysubsequent amendments, in Council Regulation (EEC) No 3179/78 of28 December 1978 concerningthe conclusion by the EuropeanEconomic Community of the Convention on Future MultilateralCooperation in the Northwest Atlantic Fisheries(
1), and in Commission
communications Nos 85/C 335/02 (2) and 85/C 347/05 (3).
3. The regions referred to in paragraph 1 may be divided into
geographical areas in accordance with the procedure referred to inArticle 18, in particular on the basis of the definitions referred to inparagraph 2 thereof.
4. Notwithstanding paragraph 2, for the purposes of this Regulation,
the Kattegat is limited in the north by a line drawn from Skagenlighthouse to the lighthouse in Tistlarna, and from there to the nearestpoint on the Swedish coast, and in the south by a line drawn fromHasenore Head to Gniben Point, from Korshage to Spodsbjerg, andfrom GilbjergHead to the Kullen.
The Skagerrak is limited in the west by a line drawn from the light-
house of Hanstholm to the lighthouse of Lindesnes and in the south by aline drawn from Skagen lighthouse to the lighthouse of Tistlarna andfrom there to the nearest point on the Swedish coast.
5. Notwithstanding paragraph 2, for the purposes of this Regulation,
the North Sea shall comprise ICES sub-area IV, the adjacent part ofICES division II a lyingsouth of latitude 64 °N, and that part of ICES
division III a which is not covered by the definition of the Skagerrakgiven in paragraph 4.
TITLΕI
NETS AND CONDITIONS FOR THEIR USE
Article 2
Minimum mesh sizes
1. For each of the regions or geographical areas mentioned in Annex
I and depending, where applicable, on the period and engine power, it isprohibited to use any trawl, Danish seine or similar towed net unless itsmesh size in that part of the net havingthe smallest meshes is equal to,or greater than, one of the minimum mesh sizes listed in that Annex,hereinafter known as ‘the reference minimum mesh size',and unless thecatch taken with that net and retained on board includes:
— a percentage of authorized target species equal to or greater than
that specified in Annex I,
(1) OJ No L 378, 30. 12. 1978, p. 1. Regulation as last amended by Regula-
tion (EEC) No 654/81 (OJ No L 69, 14. 3. 1981, p. 1).
(2) OJ No C 335, 24. 12. 1985, p. 2.
(3) OJ No C 347, 31. 12. 1985, p. 14.
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— a percentage of protected species which does not exceed that speci-
fied in Annex I,
for the reference minimum mesh size.
Notwithstanding the first subparagraph, the minimum percentage of
target species may be obtained by aggregating the quantities of all thetarget species caught, provided that:
— they are target species for which the maximum percentage of
protected species is 10 %,
— they are target species for which the reference minimum mesh size
is the same as, or less than, the mesh of the net in use,
— the total percentage for all protected species combined as a propor-
tion of the total weight of all the target species combined does notexceed 10 %.
For the purpose of this Regulation, protected species are defined as
those species for which a minimum size has been laid down in AnnexII, or which are identified by an asterisk in that Annex for the Regionconcerned.
The provisions of this paragraph shall be without prejudice to the
specific provisions laid down in paragraphs 2 to 9.
2. Dredges are exempted from the provisions of paragraph 1.
However, it shall be prohibited to have on board or to land more than10 % of protected species when fishingwith dredg es.
3. The percentages referred to in Annex I shall be calculated as the
proportion by weight of all fish, crustaceans and molluscs on board aftersortingor on landing , takinginto account any quantities which havebeen transhipped.
Notwithstandingthe first subparag raph, when fishingfor sand-eel with
nets havingmesh sizes smaller than 16 mm, the percentag e may bemeasured before sorting. This provision shall not apply in the Skagerrakand Kattegat.
The percentages may be calculated on the basis of one or more repres-
entative samples. Rules for samplingmay be drawn up in accordancewith the procedure laid down in Article 18.
4. Sortingshall be carried out immediately after hauling . Catches of
protected species which exceed the percentages laid down in Annex Ishall be discarded immediately into the sea.
5. If catches have been made duringthe same voyag e usingdifferent
nets with different mesh sizes, or in different regions, geographicalareas or under additional different conditions (such as different periodsof time), and if these different fishingconditions imply a chang e in thereference minimum mesh sizes (with correspondingpercentag es) aslisted in Annex I, the percentages shall be calculated for each part of thecatch taken under each different condition.
All catches shall be deemed to have been taken with the net on board
havingthe smallest mesh size unless the log -book, kept in accordancewith Article 6 of Council Regulation (EEC) No 2847/93 of 12 October1993 establishinga control system applicable to the common fisheriespolicy (
1), and with the rules laid down in implementation of that
Article, shows otherwise.
6. Catches shall be estimated as live weight.For the purpose of this Article, the equivalent weight of whole Norway
lobster shall be obtained by multiplyingthe weig ht of Norway lobstertails by three.
7. Nets with mesh sizes smaller than the mesh size of the net in use
in conformity with paragraph 1 shall not be kept on board unless theyare properly lashed and stowed in such a way that they may not be
(1) OJ No L 261, 20. 10. 1993, p. 1. Regulation as last amended by Regula-
tion (EEC) No 2870/95 (OJ No L 301, 14. 12. 1995, p. 1).
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readily used. Specific rules concerning stowage of gear may be drawnup in accordance with the procedure laid down in Article 18.
8. Engine power shall be defined as the total maximum continuous
power which can be obtained at the flywheel of each engine and whichcan, by mechanical, electrical, hydraulic or other means, be applied tovessel propulsion. However, where a gearbox is incorporated into theengine, the power shall be measured at the gearbox output flange.
No deduction shall be made in respect of auxiliary machines driven by
the engine.
The unit in which engine power is expressed shall be the kilowatt (kW).The continuous engine power shall be determined in accordance with
the requirements adopted by the International Organization for Standar-dization in its recommended International Standard ISO 3046/1, secondedition, October 1981.
The amendments necessary for adaptingthe requirements, provided for
in the fourth subparagraph, to technical progress shall be adopted inaccordance with the procedure laid down in Article 18.
9. It shall be prohibited to have on board or to use any trawl, Danish
seine or similar towed net of which the minimum mesh size is equal toor greater than 90 mm having more than 100 meshes in the circumfer-ence at least of the cod-end sensu stricto, excludingthe joining s and
selvedges.
Any trawl, Danish seine or similar towed net of which the mesh size is
equal to or greater than 100 mm may be equipped, in the upper part ofthe cod-end, with a section (panel or window) of square-meshed nettingattached to the joinings or selvedges, having a mesh size equal to orgreater than 90 mm.
‘Square-meshed netting'shall mean netting which is mounted so that the
two AB directions of the meshes formingthe panel are, in one direction,parallel to the longitudinal axis of the cod-end sensu stricto and, in the
other direction, at right angles to its longitudinal axis. The AB directionis the direction parallel to a rectilinear sequence of mesh bars, eachfrom adjacent meshes.
10.(a) Bottom set gillnets, entangling nets and trammel nets with mesh
sizes which do not correspond to any of the categories set out inAnnexes V or VI shall be prohibited and may not be kept onboard fishingvessels. In the case of trammel nets, the mesh sizereferred to in this Regulation is that of the piece of net with thesmallest mesh size.
(b) When catches are made in Regions 1 and/or 2 by fishing vessels
using bottom set gillnets, entangling nets and/or trammel netswith sizes correspondingto one of the categ ories set out inAnnex V, the percentage of quantities retained on boardexpressed in live weight, for one or any combination of speciesor groups of species mentioned in the corresponding mesh sizecategory, may not be less than 70 %.
(c) When catches have been made in Region 3 by fishing vessels
using bottom set gillnets, entangling nets and/or trammel netswith mesh sizes correspondingto one of the categ ories set out inAnnex VI, the percentage of quantities retained on boardexpressed in live weight, for one or any combination of speciesor groups of species mentioned in the corresponding mesh sizecategory, may not be less than 70 %.
(d) For the purposes of this Regulation, the following definitions
apply:
(i) ‘bottom set gillnets or entangling nets': are any gear made
up of a single piece of net, fixed by any means to thebottom;
(ii) ‘trammel nets' are any gear made up of two or more pieces
of net hungjointly in parallel on a sing le headline, fixed byany means to the bottom of the sea.
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(e) Letters (a), (b), (c ) and (d) shall not apply to catches of
salmonidae and agnatha.
Detailed rules for the application of this paragraph, including the meas-
urement of mesh size, shall be adopted in accordance with the proce-dure laid down in Article 18, no later than 31 December 1997.
Article 3
Determination of mesh size
The technical rules for the determination of mesh size shall be drawn up
in accordance with the procedure referred to in Article 18.
Article 4
Attachments to nets
No device shall be used by means of which the mesh in any part of the
fishingnet is obstructed or otherwise effectively diminished.
This provision shall not exclude the use of certain devices, a list and
technical descriptions of which shall be drawn up in accordance withthe procedure referred to in Article 18.
TITLE II
MINIMUM SIZE OF FISH, CRUSTACEANS AND MOLLUSCS
Article 5
1. A fish, crustacean or mollusc is undersized if its dimensions are
smaller than the minimum dimensions specified in Annex II or AnnexIII for the relevant species and region or particular geographical area, ifspecified. Where more than one method of measuringthe minimum sizeis provided for, the fish, crustacean or mollusc is deemed to be of theminimum size if at least one of the dimensions found is greater than thecorrespondingminimum dimension.
2. (a) The size of a fish shall be measured from the tip of the snout to
the end of the tail fin.
(b) The size of Norway lobster and lobsters shall be measured, as
shown in Annex IV:
— as the length of the carapace, parallel to the mid-line from
the back of either eye socket to the distal edge of thecarapace,
— as the total length, from the tip of the rostrum to the rear end
of the telson, not includingthe setae.
Detached Norway lobster tails shall be measured from the front edge
of the first segment present of the tail to the rear end of the telson,not includingthe setae. The tail shall be measured flat andunstretched.
(c) The size of edible crabs shall be measured, as shown in Annex
IV:
— as the length of the carapace measured along the mid-line
from the interorbital space to the rear edge of the carapace,
— as the maximum width of the carapace measured perpendic-
ular to the mid-line of the carapace,
— as the maximum length of the last two segments of any of
the pincer legs.
(d) The size of spinous spider crabs shall be measured, as shown in
Annex IV, alongthe mid-line, from the edg e of the carapacebetween the rostrums to the posterior edge of the carapace
(e) The size of a bivalve mollusc shall be measured as shown in
Annex IV across the longest part of the shell
(f) The size of a cephalopod shall be measured alongthe dorsal
mid-line from the posterior tip of the mantle to the anterior
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border of the mantle, for squid and cuttlefish, and to the level ofthe eyes for octopuses.
3. Undersized fish, crustaceans and molluscs shall not be retained on
board or be transhipped, landed, transported, stored, sold, displayed oroffered for sale, but shall be discarded immediately into the sea.
However, this provision shall not apply to:
(a) catches of protected species which have been taken within the limits
specified in Article 2 (1), which have not been sorted from theauthorized target species and which are not sold, displaced oroffered for sale for human consumption;
(b) the species referred to below, within a limit of 10 % by weight of
the total catches of these species:
— herring caught in any geographical area,
— mackerel caught in the North Sea,— species listed in Annex II or Annex III caught in the Skagerrak
or Kattegat;
(c) horse mackerel ( Trachurus spp.), mackerel ( Scomber spp.) and
anchovies ( Engraulis encrasicholus ) intended for use as live bait.
The percentage of undersized fish, crustaceans and molluscs shall be
calculated in accordance with Article 2 (3) to (6).
4. It shall be prohibited to land tails or claws of lobsters which have
been detached from the body and which have been caught in the regionsor geographical areas referred to in Annex III for which a minimum sizeis shown for these species.
Only whole scallops ( Pectenspp.) may be landed.
5. Minimum size for species marked by an asterisk in Annexes II or
III shall be adopted in accordance with the procedure provided for inArticle 18.
TITLE III
PROHIBITION OF FISHING
Article 6
Salmon and sea trout
1. Salmon and sea trout may not be retained on board or be tran-
shipped, landed, transported, stored, sold, displayed or offered for sale,but shall be returned immediately to the sea when taken:
(a) within the waters situated outside the 12-mile limit measured from
Member States’ baselines, in Regions 1, 2, 3 and 4;
(b) by way of derogation from Article 1 (1), outside the waters under
the sovereignty or jurisdiction of the Member States, in Regions 1,2, 3 and 4;
(c) when fishingwith a trawl, Danish seine or similar towed net, with
mesh sizes smaller than 70 mm.
2. In the Skagerrak and Kattegat, fishing for salmon and sea trout
shall be prohibited outside a four-mile limit measured from the base-lines.
Article 7
Herring
1. Fishingfor herringshall be prohibited each year from 15 Aug ust
to 30 September in a geographical area bounded by a line joining thefollowingpoints:
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— the Butt of Lewis,
— Cape Wrath,— latitude 58 °55/prime1N, longitude 5 °00/prime1W,
— latitude 58 °55/prime1N, longitude 7 °10/prime1W,
— latitude 58 °20/prime1N, longitude 8 °20/prime1W,
— latitude 57 °40/prime1N, longitude 8 °20/prime1W,
— the west coast of North Uist at latitude 57 °40/prime1N, then alongthe
north coast of the island as far as latitude 57 °40/prime136/primedbl1N, longitude
7°20/prime139/primedbl1W,
— latitude 57 °50/prime103/primedbl1N, longitude 7 °08/prime106/primedbl1W,
— north-east alongthe west coast of Lewis as far as the point of
departure (Butt of Lewis).
2. It shall be prohibited to have on board a quantity of herringwhich
exceeds 5 % of the total weight of fish, crustaceans and molluscs onboard which have been caught in that area during the period specified inparagraph 1. The percentage shall be calculated in accordance withArticle 2 (3) to (6).
3. Fishingfor herringshall be prohibited from 1 July to 31 October
within the area bounded by the followingcoordinates:
— the west coast of Denmark at latitude 55 °30/prime1N,
— latitude 55 °30/prime1N, longitude 7 °00/prime1E,
— latitude 57 °00/prime1N, longitude 7 °00/prime1E,
— the west coast of Denmark at latitude 57 °00/prime1N.
4. Fishingfor herringshall be prohibited in the zone extendingfrom
6 to 12 miles off the east coast of the United Kingdom as measuredfrom the baselines between latitudes 54 °10/prime1N and 54 °45/prime1N for the
period 15 August to 30 September and between latitudes 55 °30/prime1N and
55°45/prime1N for the period 15 August to 15 September.
5. Fishingfor herringshall be prohibited throug hout the year in the
Irish Sea (ICES division VII a) in the maritime area between the westcoasts of Scotland, England and Wales and a line drawn 12 miles fromthe baselines of these coasts bounded to the south by latitude 53 °20/prime1N
and to the north-west by a line drawn between the Mull of Galloway(Scotland) and the Point of Ayre (Isle of Man).
6. Fishingfor herringshall be prohibited from 21 September to 31
December in the parts of the Irish Sea (ICES division VII a) boundedby the followingcoordinates:
(a) — the east coast of the Isle of Man at latitude 54 °20/prime1N,
— latitude 54 °20/prime1N, longitude 3 °40/prime1W,
— latitude 53 °50/prime1N, longitude 3 °50/prime1W,
— latitude 53 °50/prime1N, longitude 4 °50/prime1W,
— the south-west coast of the Isle of Man at longitude 4 °50/prime1W;
(b) — the east coast of Northern Ireland at latitude 54 °15/prime1N,
— latitude 54 °15/prime1N, longitude 5 °15/prime1W,
— latitude 53 °50/prime1N, longitude 5 °50/prime1W,
— the east coast of Ireland at latitude 53 °50/prime1N.
Fishingfor herringshall be prohibited throug hout all the year in Log an
Bay, defined as beingthe waters east of a line drawn from the Mull ofLogan situated at latitude 54 °44/prime1N and longitude 4 °59/prime1W, to Laggan-
talluch Head, situated at latitude 54 °41/prime1N and longitude 4 °58/prime1W.
7. Notwithstanding paragraph 6, vessels with a length not exceeding
12,2 metres based in ports situated on the east coast of Ireland andNorthern Ireland between latitudes 53 °00/prime1N and 55 °00/prime1N may fish
for herringin the prohibited area described in parag raph 6 (b). The onlymethod of fishingauthorized shall be drift nettingwith nets of aminimum mesh size of 54 mm.
8. Fishingfor herringshall be prohibited in the maritime area situ-
ated to the north-east of a line drawn between Mull of Kintyre andCorsewall Point from 1 January to 30 April.
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9. The areas and periods described in this Article may be altered inaccordance with the procedure laid down in Article 18.
Article 8
Sprats
1. Trawlingfor sprat usinga mesh size less than 32 mm shall be
prohibited all year round in the Skaggerak and Kattegat.
2. Fishingfor sprat shall be prohibited:
(a) from 1 July to 31 October in an area bounded by the following
points:
— the west coast of Denmark at 55 °30/prime1N,
— latitude 55 °30/prime1N, longitude 7 °00/prime1E,
— latitude 57 °00/prime1N, longitude 7 °00/prime1E,
— the west coast of Denmark at 57 °00/prime1N;
(b) in ICES statistical area 39E8, from 1 January to 31 March and from
1 October to 31 December. For the purpose of this Regulation, thisICES area shall be that bounded by a line due east from the UnitedKingdom east coast along latitude 55 °00/prime1N to a point at longitude
1°00/prime1W, from there due north to a point at latitude 55 °30/prime1N and
from there due west to the United Kingdom coast,
(c) in the inner waters of the Moray Firth west of longitude 3 °30/prime1W
and in the inner waters of the Firth of Forth west of longitude 3 °00/prime1
W, from 1 January to 31 March and from 1 October to 31December.
Article 9
Mackerel
1. It shall be prohibited to retain on board mackerel which are caught
within the geographical area bounded by the following coordinates:
— a point on the south coast of England at longitude 2 °00/prime1W,
— latitude 49 °30/prime1N, longitude 02 °00/prime1W,
— latitude 49 °30/prime1N, longitude 07 °00/prime1W,
— latitude 52 °00/prime1N, longitude 07 °00/prime1W,
— a point on the west coast of Wales at latitude 52 °00/prime1N,
unless the weight of the mackerel does not exceed 15 % by weight of
the total quantities of mackerel and other species on board which havebeen caught within this area.
2. Paragraph 1 shall not apply:
(a) to vessels fishingwith g illnets or hand lines;
(b) to vessels fishingwith bottom trawls, Danish seines or other similar
towed nets, provided that they have on board a minimum of 75 %by weight, calculated as a percentage of the total weight of all thespecies on board:
— of Norway lobster, when these vessels are usingnets the mesh
size of which is set for the geographical regions or zonesconcerned in Annex I,
— of Norway lobster and species listed in Annex II, when these
vessels are usingnets the mesh size of which is set for thesespecies and for the geographical regions or areas concerned inAnnex I;
(c) to vessels in transit through this area, provided that all fishing gear
is stowed in accordance with the conditions set out in Article 2 (7);
(d) to vessels which are not equipped for fishingand to which mackerel
are beingtranshipped.
3. All mackerel which are on board shall be deemed to have been
caught within the area provided for by paragraph 1, except those whichhave been declared to be on board before the vessel enters that area,under the procedure described in the followingsubparag raphs.
1997R0894 — EN — 01.07.1998 — 001.001 — 12
▼B
The skipper of a vessel intendingto enter that area in order to fish, andholdingmackerel on board, must notify the control authority of theMember State in whose zone he intends to fish of his estimated timeand place of arrival in this area no more than 36 hours and no less than24 hours before the vessel enters that area.
On enteringthe area, he must notify the competent control authority of
the quantities of mackerel which he has on board and which are enteredin the log-book. The skipper may be required to submit his log-bookand the catches on board for verification at a time and place to bedetermined by the competent control authority. The time shall be nolater than six hours after receipt by the control authority of the messagenotifyingthe quantities of mackerel on board and the place shall be asnear as possible to the point of entry into the area.
The skipper of the fishingvessel who intends to enter the area for the
purpose of havingmackerel transhipped to his vessel must notify thecontrol authority, of the Member State in whose zone transhipment willtake place, or the intended time and place of transhipment no more than36 hours and no less than 24 hours before transhipment begins. Imme-diately on completion of transhipment, the skipper must inform thecompetent control authority of the quantities of mackerel which havebeen transhipped to that vessel.
The competent control authorities are,
— for France:
Mimer, telex: Paris 250823,
— for Ireland:
Department of Marine, telex: Dublin 91798 MRNE,
— for the United Kingdom:
Ministry of Agriculture, Fisheries and Food, telex: London 21274.
Nothingin this parag raph shall be interpreted as meaningthat a vessel
flyingthe flagof, or reg istered in, a Member State which does not havea mackerel quota from the stock occurringin this area, or whose quotais exhausted, is authorized to hold mackerel on board, unless suchmackerel is a by-catch, taken with catches of horse mackerel orsardines, and the mackerel does not exceed 10 % of the total weight ofmackerel, horse mackerel and sardines on board, except where theskipper can prove that the mackerel has been caught from another stock.
TITLE IV
RESTRICTIONS ON CERTAIN TYPES OF FISHING
Article 10
Restrictions on the use of certain types of vessels and gear in fishing
for certain species during certain periods and in certain geograph-
ical areas
1. It shall be prohibited to use purse seines:
(a) to fish for herringin ICES divisions VII gto k and in the g eog raph-
ical area bounded:
— to the north by latitude 52 °30/prime1N,
— to the south by latitude 52 °N,
— to the west by the coast of Ireland,— to the east by the coast of the United Kingdom,
(b) to fish for the species listed in Annex II for the relevant region or
geographical area.
When fishingwith purse seines, it shall be prohibited to have on board:
— a quantity of the species listed in Annex II which exceeds 5 % by
weight of the total weight of fish, crustaceans and molluscs onboard, and
1997R0894 — EN — 01.07.1998 — 001.001 — 13
▼B
— when fishingin the area described in the first indent of the first
subparagraph, a quantity of herring which exceeds 5 % by weight ofthe total weight of fish, crustaceans and molluscs on board.
The percentages shall be calculated in accordance with Article 2 (3) to
(6).
2. (a) It shall be prohibited for a vessel to have on board or to use
beam trawls the aggregate beam length of which, measured asthe sum of the length of each beam, is greater than 24 metres orcan be extended to a length greater than 24 metres.
(b) The use of beam trawls shall be prohibited in the Kattegat.
3. (a) Inside the area within 12 miles of the coasts of France, north of
latitude 51 °00/prime1N, Belgium, the Netherlands, Germany and the
west of Denmark as far as the Hirtshals Lighthouse, measuredfrom the baselines from which the territorial waters are meas-ured, no vessel exceeding eight metres length overall shall fishusingany beams or otter trawl.
For the period from 1 April to 30 September, the abovemen-
tioned area shall be extended to include the geographical areabounded by a line joiningthe followingcoordinates:
— a point on the west coast of Denmark at latitude 57 °00/prime1N,
— latitude 57 °00/prime1N, longitude 7 °15/prime1E,
— latitude 55 °00/prime1N, longitude 7 °15/prime1E,
— latitude 55 °00/prime1N, longitude 7 °00/prime1E,
— latitude 54 °30/prime1N, longitude 7 °00/prime1E,
— latitude 54 °30/prime1N, longitude 7 °30/prime1E,
— latitude 54 °00/prime1N, longitude 7 °30/prime1E,
— latitude 54 °00/prime1N, longitude 6 °00/prime1E,
— latitude 53 °50/prime1N, longitude 6 °00/prime1E,
— latitude 53 °50/prime1N, longitude 5 °00/prime1E,
— latitude 53 °30/prime1N, longitude 5 °00/prime1E,
— latitude 53 °30/prime1N, longitude 4 °15/prime1E,
— latitude 53 °00/prime1N, longitude 4 °15/prime1E,
— a point on the coast of the Netherlands at latitude 53 °00/prime1N
(b) By way of derogation from paragraph 3 (a), vessels whose
names and technical characteristics are contained on a list whichshall be drawn up in accordance with the procedure laid down inArticle 18 are authorized to fish in the said area usingbeamtrawls duringthose periods when fishingusingbeam trawlswould otherwise be prohibited.
Vessels which may appear on the list referred to in the first
subparagraph of this paragraph must comply with the followingcriteria:
— they entered into service before 1 January 1987,
— except for vessels fishingfor crustaceans, their eng ine power
does not exceed 221 kW and, in the case of derated engines,did not exceed 300 kW before derating.
A vessel on the list may be replaced by any vessel the engine of
which is not derated, the engine power of which does not exceed221 kW, and the length overall of which, as defined in paragraph13, does not exceed 24 metres.
An engine of a vessel on the list may be replaced provided that
the replacement engine is not derated and that its power does notexceed 221 kW.
(c) However, it shall be prohibited to use beam trawls the aggregate
beam length of which, measured as the sum of the length of eachbeam, is greater than nine metres or can be extended to a lengthgreater than nine metres except when operating with geardesigned and used for catching shrimps ( Crangon ssp.) or
prawns (Pandalus montagui ).
1997R0894 — EN — 01.07.1998 — 001.001 — 14
▼B
However, vessels the primary activity of which is fishingforshrimps ( Crangon spp.) shall be permitted to use beams the
aggregate length of which exceeds nine metres when fishing forsole, provided that they appear on a list to be drawn up annually.
(d) Notwithstanding subparagraph 3 (a), otter trawlers the engine
power of which does not exceed 221 kW and, in the case ofderated engines, did not exceed 300 kW before derating, mayfish in the area referred to in that paragraph.
(e) Notwithstanding subparagraph 3 (a), vessels whose engine
power exceeds 221 kW may fish in the area referred to in thatparagraph using otter trawls, provided that catches of plaice andsole which exceed 5 % by weight of the total catch on board arediscarded immediately into the sea.
The percentage shall be calculated in accordance with Article 2
(3) to (6).
4. Inside the area within 12 miles of the coasts of the United
Kingdom and Ireland, measured from the baselines from which theterritorial waters are measured, no vessel shall fish usingany beamtrawl.
However, vessels in any of the followingcateg ories may fish in the said
area usingbeams trawls:
— a vessel which entered into service before 1 January 1987 and,
except for vessels fishingfor crustaceans, whose eng ine power doesnot exceed 221 kW and, in the case of derated engines, did notexceed 300 kW before derating,
— a vessel which entered into service after 31 December 1986 whose
engine is not derated, whose engine power does not exceed 221 kWand whose overall length as defined in paragraph 13 does notexceed 24 metres,
— a vessel which had its engine replaced after 31 December 1986 with
an engine which is not derated and the engine power of which doesnot exceed 221 kW.
However, it shall be prohibited to use beam trawls the aggregate beam
length of which, measured as the sum of the length of each beam, isgreater than nine metres, except when operating with gear designed andused for catchingshrimps ( Crangon spp.) or prawns ( Pandalus
montagui ).
5. Fishingvessels which do not satisfy the criteria permittingthem to
be entered on the lists established pursuant to paragraphs 3 and 4 shallbe forbidden to engage in the fishing activities referred to in thoseparagraphs.
6. Detailed rules for the implementation of paragraphs 3 and 4,
includingrules for the establishment of the lists referred to in parag raph3, shall be drawn up under the procedure laid down in Article 18.
7. Engine power shall be defined as in Article 2 (8).8. Date of entry into service shall be the date of the first issue of an
official safety certificate.
If an official safety certificate is not issued, the date of entry into
service shall be the date of first entry in an official register of fishingvessels.
However, in the case of fishingvessels which entered into service
before 14 October 1986, the date of entry into service shall be the dateof first entry in an official register of fishing vessels.
9. It shall be prohibited to use trawls havinga mesh size of less than
32 mm from 1 July to 15 September in the waters situated within threemiles of the baselines in the Skagerrak and Kattegat.
However, in trawlingwithin these waters and duringthis period:
— for deep-water prawn ( Pandalus borealis ), nets with a minimum
mesh size of 30 mm may be used,
1997R0894 — EN — 01.07.1998 — 001.001 — 15
▼B
— for eelpout ( Zoarces viviparus ), goby ( Gobiidae) or scorpion fish
(Cottusspp.) to be used for bait, nets with any size of mesh may be
used.
10. It shall be prohibited to fish for anchovy usingpelag ic trawls in
ICES division VII C.
11. Within the zones referred to in this Article, where trawls, beam
trawls, Danish seines or similar towed nets may not be used, it shall beprohibited to carry on board such nets unless they are properly lashedand stowed in accordance with Article 2 (7).
12. It shall be prohibited to use explosives, poisonous or stupefying
substances and guns for the purpose of fishing. However, harpoon gunsmay be used to catch tuna and baskingshark.
It shall be prohibited to use electric current in the Skagerrak and
Kattegat to catch fish other than tuna and basking shark.
13. The length of a vessel shall be the overall length, defined as the
distance in a straight line between the foremost point of the bow and theaftermost point of the stern.
The bow is to be taken to include the watertight hull structure, fore-
castle, stem and forward bulwark, if fitted, but to exclude bowsprits andsafety rails.
The stern is to be taken to include the watertight hull structure, transom,
poop, trawl ramp and bulwark, but to exclude safety rails, bumkins,propulsion machinery, rudders and steeringg ear and divers’ ladders andplatforms.
The overall length shall be measured in metres with an accuracy of two
decimal places.
14. The length of a beam trawl shall be measured between its
extremities, includingall attachments thereto.
15.(a) From 1 September to 31 December, it shall be prohibited to fish
with any trawl, Danish seine or similar towed net in thegeographical areas bounded by a line joining the followingcoordinates:
— the point on the north coast of Spain called Cabo Prior
(latitude 43 °34/prime1N, longitude 8 °19/prime1W),
— latitude 43 °50/prime1N, longitude 8 °19/prime1W,
— latitude 43 °25/prime1N, longitude 9 °12/prime1W,
— the point on the west coast of Spain called Cabo Villano
(latitude 43 °10/prime1N, longitude 9 °12/prime1W).
(b) From 1 October to 31 December, it shall be prohibited to fish
with any trawl, Danish seine or similar towed net in thegeographical areas bounded by a line joining the followingcoordinates:
— the point on the west coast of Spain called Cabo Corrubedo
(latitude 42 °35/prime1N, longitude 9 °05/prime1W),
— latitude 42 °35/prime1N, longitude 9 °25/prime1W,
— latitude 43 °00/prime1N, longitude 9 °30/prime1W,
— the point on the west coast of Spain at latitude 43 °00/prime1N.
(c) From 1 December to the last day of February in the ensuing
year, it shall be prohibited to fish with any trawl, Danish seineor similar towed net in the geographical areas bounded by a linejoiningthe followingcoordinates:
— a point on the west coast of Portugal at latitude 37 °50/prime1N,
— latitude 37 °50/prime1N, longitude 9 °03/prime1W,
— latitude 37 °00/prime1N, longitude 9 °06/prime1W,
— a point on the west coast of Portugal at latitude 37 °00/prime1N.
16. It shall be prohibited for vessels usingpurse seines or towed g ear
with a mesh size permitted exceptionally for fishingmackerel, herringand horse mackerel, to carry automatic sortingequipment on board.
1997R0894 — EN — 01.07.1998 — 001.001 — 16
▼B
Notwithstandingthe precedingsubparag raph, freezer vessels shall beauthorized to carry automatic sortingequipment on board, provided thatits sole function is commercial grading of all the fish caught andintended for freezing. Automatic sorting equipment must be installed insuch a way that the catch resultingfrom the g radingis immediatelyfrozen for marketingand cannot easily be discarded into the sea.
17. It shall be prohibited to undertake encirclements with purse
seines on schools or groups of marine mammals when aiming to catchtuna or other species of fish.
NotwithstandingArticle 1 (1), this parag raph shall apply to all vessels
flyingthe flagof, or reg istered in, a Member State in all waters underthe sovereignty or jurisdiction of the Member States, as well as outsidethose waters.
18. Trawlingand purse seiningfor mackerel, sprat and herringshall
be prohibited in the Skagerrak from Saturday midnight to Sundaymidnight and in the Kattegat from Friday midnight to Sunday midnight.
19. Purse seines shall not be used for catchingtropical tuna (skip-
jack, bigeye and longfinned tuna) in waters under the sovereignty orjurisdiction of Portugal in ICES division X north of 36 °30/prime1No ri n
Cecaf areas north of 31 °N and east of 17 °30/prime1W.
▼
M1
Article 11
No vessel may keep on board, or use for fishing, one or more drift-nets
whose individual or total length is more than 2,5 kilometres.
Article 11a
1. From 1 January 2002, no vessel may keep on board, or use for
fishing, one or more drift-nets intended for the capture of species listedin Annex VIII.
2. From 1 January 2002, it is prohibited to land species listed in
Annex VIII which have been caught in drift-nets.
3. Until 31 December 2001, a vessel may keep on board, or use for
fishing, one or more drift-nets referred to in paragraph 1 after receivingauthorisation from the competent authorities of the flagMember State.In 1998, the maximum number of vessels which may be authorised by aMember State to keep on board, or use for fishing, one or moredrift-nets shall not exceed 60 % of the fishingvessels which used one ormore drift-nets duringthe period 1995 to 1997.
4. Member States shall communicate to the Commission for each
target species by 30 April of each year, the list of vessels authorised tocarry out fishingactivities usingthe drift-nets referred to in parag raph3; for 1998, the information shall be sent not later than 31 July 1998.
Article 11b
1. All fishingvessels usingone or more drift-nets intended for the
capture of species listed in Annex VIII shall operate under the followingconditions:
— duringfishingactivity, the vessel must keep the net under constant
visual observation,
— floatingbuoys, with radar reflectors, must be moored to each end of
the netting, so that its position can be determined at any time. Thebuoys must be permanently marked with the registration letter(s)and number of the vessel to which they belong.
2. The master of a fishingvessel usingone or more drift-nets
referred to in paragraph 1 shall keep a logbook in which he must recordthe followinginformation on a day-to-day basis:
1997R0894 — EN — 01.07.1998 — 001.001 — 17
▼M1
— the total length of the nets on board,
— the total length of the nets used in each fishing operation,— the quantity of each species caug ht duringeach fishingoperation,
includingby-catches and discards at sea, in particular cetaceans,reptiles and sea-birds,
— the quantity of each species held on board,— the date and position of such catches.
3. All masters referred to in paragraph 2 shall forward to the
competent authorities of the Member State of landinga declarationgiving at least the quantities of each species landed and the catch datesand zones.
4. Masters of vessels usingone or more drift-nets referred to in
paragraph 1 who wish to use a landing location in a Member State shallnotify the competent authorities in the Member State concerned, at leasttwo hours before arrival in port, of the planned landinglocation andtime of arrival.
5. All fishingvessels usingone or more drift-nets referred to in
paragraph 1 shall keep on board the prior authorisation to fish issued bythe competent authorities of the flagMember State.
6. In the case of failure to comply with the obligations laid down in
Articles 11 and 11a and this Article, the competent authorities shall takeappropriate measures in respect of the vessels concerned, in accordancewith Article 31 of Regulation (EEC) No 2847/93.
Article 11c
With the exception of waters covered by Council Regulation (EC) No
88/98 of 18 December 1997 layingdown certain technical measures forthe conservation of fishery resources in the waters of the Baltic Sea, theBelts and the Sound (*) and notwithstandingArticle 1(1), Articles 11,11a and 11b shall apply in all waters fallingwithin the sovereig nty ofjurisdiction of the Member States and, outside those waters shall applyto all Community fishingvessels.
▼
B
Article 12
No vessels shall use driftnets for catchingtuna in waters under the
sovereignty or jurisdiction of Spain or Portugal in ICES sub-areas VIII,IX or X or, notwithstandingArticle 1, in waters under the sovereig ntyor jurisdiction of Spain in Cecaf areas off the Canary Islands.
Article 13
Processing operations
It shall be prohibited to carry out on board a fishingvessel any physical
or chemical processingof fish to produce fishmeal, oil or similarproducts. This prohibition shall not apply to the processingof offal.
Article 14
Scientific research
This Regulation shall not apply to fishing operations conducted solely
for the purpose of scientific investigations which are carried out withthe permission and under the authority of the Member State or MemberStates concerned, and of which the Commission and the Member Stateor Member States in whose waters the research is carried out have beeninformed in advance.
(*) OJ L 9, 15.1.1998, p. 1.
1997R0894 — EN — 01.07.1998 — 001.001 — 18
▼B
Fish, crustaceans and molluscs caught for the purposes specified in the
first subparagraph may be sold, stored, displayed or offered for sale,provided that:
— they meet the standards laid down in Annexes II and III and the
marketingstandards adopted pursuant to Article 2 of Council Reg u-lation (EEC) No 3759/92 of 17 December 1992 on the commonorganization of the market in fishery and aquaculture products (
1),
or
— they are sold directly for purposes other than human consumption.
Article 15
Artificial restocking and transplantation
This Regulation shall not apply to fishing operations carried out during
the course of artificial restockingor transplantation of fish, crustaceansor molluscs.
Fish, crustaceans and molluscs caught for the purposes set out in the
first subparagraph may be sold for human consumption only if the otherprovisions of the Regulation are complied with.
TITLE V
FINAL PROVISIONS
Article 16
1. Where the conservation of fish, crustacean or mollusc stocks calls
for immediate action, the Commission may, in addition to or by way ofderogation from this Regulation, adopt any measures necessary inaccordance with the procedure referred to in Article 18.
2. Where the conservation of certain species or fishingg rounds is
seriously threatened, and where any delay would result in damagewhich would be difficult to repair, the coastal State may take appro-priate non-discriminatory conservation measures in respect of the watersunder its jurisdiction.
3. The measures referred to in paragraph 2, together with an explana-
tory memorandum, shall be communicated to the Commission and theother Member States as soon as they are adopted.
4. Within 10 workingdays of receipt of such notification, the
Commission shall confirm the measures referred to in paragraph 2 orrequire their cancellation or amendment. The Commission’s decisionshall be immediately notified to the Member States.
5. Member States may refer the Commission’s decision to the
Council within 10 workingdays of receivingthe notification referred toin paragraph 4.
6. The Council, actingby a qualified majority, may adopt a different
decision within one month.
Article 17
1. Member States may take measures for the conservation and
management of stocks:
(a) in the case of strictly local stocks which are of interest solely to the
fishermen of the Member State concerned, or
(b) in the form of conditions or detailed arrangements designed to limit
catches by technical measures:
(i) supplementingthose laid down in the Community leg islation on
fisheries, or
(1) OJ No L 388, 31. 12. 1992, p. 1. Regulation as last amended by Regula-
tion (EC) No 3318/94 (OJ No L 350, 31. 12. 1994, p. 15).
1997R0894 — EN — 01.07.1998 — 001.001 — 19
▼B
(ii) going beyond the minimum requirements laid down in the said
legislation,
provided that such measures apply solely to the fishermen of the
Member State concerned, are compatible with Community law, and arein conformity with the common fisheries policy.
2. The Commission shall be informed, in time for it to present its
observation, of any plans to introduce or amend national technicalmeasures.
If the Commission so requests within one month of such notification,
the Member State concerned shall suspend the entry into force of themeasures planned until three months have elapsed from the date of thesaid notification, so that the Commission can decide within that periodwhether the measures in question comply with the provisions of para-graph 1.
Within the Commission finds, by a decision which it shall notify to all
Member States, that a planned measure does not comply with theprovisions of paragraph 1, the Member State concerned may not bring itinto force without makingthe necessary amendments thereto.
The Member state concerned shall immediately inform the other
Member States and the Commission of the measures adopted, havingmade any amendments which may be necessary.
3. Member States shall provide the Commission, on request, with all
particulars necessary for an assessment of whether their national tech-nical measures comply with the provisions of paragraph 1.
4. At the instigation of the Commission, or at the request of any
Member State, the question of whether a national technical measureapplied by a Member State complies with paragraph 1 may be thesubject of a decision taken in accordance with the procedure laid downin Article 18. Should such a decision be taken, the third and fourthsubparagraphs of paragraph 2 shall apply mutatis mutandis .
5. Measures relatingto fishingfrom the shore shall be communicated
by the Member State concerned to the Commission for informationpurposes only.
Article 18
Detailed rules for the implementation of this Regulation shall be
adopted in accordance with the procedure laid down in Article 18 ofRegulation (EEC) No 3760/92.
Article 19
Regulation (EEC) No 3094/86 is hereby repealed.References to the said Regulation shall be construed as references to
this Regulation and should be read in accordance with the correlationtable set out in Part A of Annex VII.
Article 20
This Regulation shall enter into force on the day of its publication in the
Official Journal of the European Communities .
However, the provisions of Article 2 (10) and of Annexes V and VI
shall enter into force on 31 December 1997.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
1997R0894 — EN — 01.07.1998 — 001.001 — 20
▼B
RegionGeographical
areaAdditional
conditionsMinimum
mesh
size
(mm)Authorized
target speciesMinimum
percentage
of target
speciesMaximum
percentage of
protected
speciesANNEX I
1 and
2Entire region 100
diamond
(1)All 100
North Sea,
south of lati-tude 55 °N80 (2)Sole (Solea
vulgaris)5 100 of which
not more than
10 % cod,
haddock and
saithe
West of Scot-
land andRockall [ICESsub-areaVI (
3)]80All 100
ICES sub-area
VII80All 100
Entire region 70Norway lobster
(Nephrops norve-gicus)30 60
ICES sub-
areas II, IV, Vand VI northof latitude56°N(9) 90 (10)Whiting (Merlan-
gius merlangus)70 (11)100 of which
not more than
10 % cod,
haddock and
saithe and not
more than
10 % of plaice
Entire region
exceptSkagerrak andKattegat32Mackerel
(Scomber scom-brus)50
Horse mackerel
(Trachurustrachurus)50
Herring (Clupea
harengus)50or 80
cumu-10
Pelagic cephalo-
pods50lated
Pilchards (Sardina
pilchardus)50
Blue whiting(4)
Micromesistius
poutassou)50
Entire region
exceptSkagerrak andKattegat35Prawns(Pandalus
spp. excluding
Pandalusmontagui)30 50
Skagerrak and
Kattegat32Herring (Clupea
harengus)50 10
Sprat (Sprattus
sprattus)
Entire region 30Argentines
(Argentina spp.)50 10
Entire region
exceptSkagerrak andKattegat20Prawns/shrimps
(Pandalus
montagui and
Crangon spp.)30 50
1997R0894 — EN — 01.07.1998 — 001.001 — 21
▼B
RegionGeographical
areaAdditional
conditionsMinimum
mesh
size
(mm)Authorized
target speciesMinimum
percentage
of target
speciesMaximum
percentage of
protected
species
Entire region
exceptSkagerrak andKattegat16Sprat (Sprattus
sprattus)50 10
Entire region 16Eels (Anguilla
anguilla)20 10
Skagerrak and
Kattegatoutside fourmiles from thebaselines35Shrimps/prawns
(Crangon spp. and
Palaemonadspersus)20 50
Skagerrak and
Kattegatwithin fourmiles of the16Shrimps/prawns
(Crangon spp. and
Palaemonadspersus)20 50
baselines16Greater weever
(Trachinus draco)
Molluscs except
cuttlefish (Sepia
officinalis)
Garfish (Belone
belone)50 10
Grey gurnard
(Eutriglagumardus)
Skagerrak and
Kattegat16Blue whiting
(Micromesistiuspoutassou)50 10
Skagerrak From 1
November tolast day ofFebruary16Sand-eels (Ammo-
dytidae)50 10
Kattegat From 1
August tolast day ofFebruary16Sand-eels (Ammo-
dytidae)50 10
From 1
March to 31July—Sand-eels (Ammo-
dytidae)50 10
Entire region
except fishingsector forNorwaypout (
5)16Norway pout
(Trisopterusesmarkii)50 15, of which
not more than
5 % of cod
and haddock
North Sea From 1
November tolast day ofFebruary16Sand-eels (Ammo-
dytidae)50 10
From 1
March to 31October—Sand-eels (Ammo-
dytidae)50 10
Entire region
except NorthSea andSkagerrak andKattegat—Sand-eels (Ammo-
dytidae)50 10
Skagerrak and 90All 100
Kattegat70Whiting (Merlan-
gius merlangus)50 30 except
whiting
1997R0894 — EN — 01.07.1998 — 001.001 — 22
▼B
RegionGeographical
areaAdditional
conditionsMinimum
mesh
size
(mm)Authorized
target speciesMinimum
percentage
of target
speciesMaximum
percentage of
protected
species
35Prawns(Pandalus
borealis)20 50
32Mackerel
(Scomber scom-brus)50
10
Horse mackerel
(Trachurustrachurus)
3Entire region 65All 100
40Mackerel
(Scomber spp.)50
Blue whiting
(Micromesistiuspoutassou)50
Herring (Clupea
harengus)50or 80
cumu-
lative10
Pelagic cephalo-
pods50
Horse mackerel
(Trachurus spp.)50
Selective
trawls65 (6)
50 (6)Norway lobster
(Nephrops norve-gicus)30 (7) 60
Non-selec-
tive trawls55Norway lobster
(Nephrops norve-gicus)30 (7) 60
55Shrimps (Parape-
naeus longirostris,
Aristeus anten-natus andAristaeomorphafoliacea)30 50
Gulf of
Cadiz (8)40All species except
those listed inAnnex II forRegion 350 10
Entire region 20Pilchards (Sardina
pilchardus)50 10
Eels (Anguilla
anguilla)
Within
12 miles ofthe MemberStates’ base-lines20Shrimps ( Crangon
spp. and
Palaemon spp.)30 50
16Sprat (Sprattus
sprattus)50 10
Anchovies
(Engraulis encra-sicholus)
Sand-eels (Ammo-
dytidae)
4Entire region
5Entire region 65All 100
40Mackerel
(Scomber spp.)80 10
1997R0894 — EN — 01.07.1998 — 001.001 — 23
▼B
RegionGeographical
areaAdditional
conditionsMinimum
mesh
size
(mm)Authorized
target speciesMinimum
percentage
of target
speciesMaximum
percentage of
protected
species
and Horse Mack-
erel (Trachurus
spp.)
20Bogue (Boops
boops)50 10
Pilchards (Sardina
pilchardus)
6Entire region 100All 100
45Shrimps (Penaeus
subtilis, Penaeusbrasiliensis,Xiphopenaeuskroyeri)30 50
7Entire region
8Entire region
(1) The upper half of the trawl cod-end may comprise a section (panel or window) of square nettingwith a mesh
size equal to or greater than 90 mm attached to the selvedges and joinings.
(2) It is forbidden to carry on board any trawl or nettingwith a mesh size smaller than that of the net beingused for
fishing.
(3) South of a line runningwest from the east coast of the Sound of Jura at latitude 56 °00/prime1N.
(4) Blue whitingis not an authorized targ et species in the area bounded to the North by latitude 52 °30/prime1N and to the
east by longitude 7 °00/prime1W.
(5) The fishingsector for Norway pout is understood as the part of the North Sea within the sovereig nty or
jurisdiction of a Member State and bounded to the south by a line startingfrom a point at 56 °N on the east coast
of Scotland as far as 2 °E, then runningnorth to 58 °N, west to 0 °30/prime1W, north to 59 °15/prime1N, east to 1 °E, north
to 60 °N, west to longitude 0 °00/prime1, from there north to 60 °30/prime1N, west to the coast of the Shetland Isles, then
west from 60 °N on the west coast of the Shetlands to 3 °W, south to 58 °30/prime1N and finally west to the coast of
Scotland.
(6) Selective trawls must comprise top cod-end with a minimum mesh size of 65 mm and a bottom cod-end with a
minimum mesh size of 50 mm, separated by a horizontal panel of netting.
(7) 25 % between 1 January and 31 March.
(8) The gulf of Cadiz is defined as the area within ICES division IX a, east of a line drawn due south from a point at
longitude 7 °52/prime1W on the south coast of Portugal.
(9) All captures will be considered as realized with the nettingof the smallest mesh size found on board. The
distribution of the species caught and held on board, after sorting, or during their transfer or their landing, mustrespect the provisions applyingto the relevant minimum mesh size. For vessels workingjointly to hoist a net, thecatch composition on board each of these vessels shall conform to the nettingof the vessel for which the meshsize is the smallest.
(
10) It is forbidden to carry on board any trawl or nettingwith a mesh size smaller than 90 mm.
(11) The percentag e of whitingis calculated accordingto the cumulated catches of: whiting+ haddock + saithe +cod.
1997R0894 — EN — 01.07.1998 — 001.001 — 24
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Region 2
SpeciesRegion
1except
Skagerrak
and KattegatSkagerrak
and KattegatRegion
3Region
4Region
5ANNEX II
Minimum size of protected species as referred to in Article 2 (1)and Article 5
(in cm)
Sturgeon (Acipenser sturio) — — — 145(*) —
Shad(Alosaspp.) — 30 — 30(*) (*)
Salmon(Salmo salar) — (*) (*) 50(*) —
Sea trout (Salmo trutta) — (*) (*) 25(*) —
Eel(Anguilla anguilla) — (*) (*) (*)——
Conger eel (Conger conger) — 58 — 58(*) (*)
Cod(Gadus morhua) 35 35 30 35——
Ling(Molva molva) — (*) — 63(*) (*)
Blue ling (Molva dypterygia) — 70 — 70——
Haddock (Melanogrammus aeglefinus) 30 30 27 30——
Saithe(Pollachius virens) 35 35 30 35——
Pollack(Pollachius pollachius) — 30 — 30——
Whiting (Merlangius merlangus) 27 23 23 23(*) —
Hake(Merluccius merluccius) 30 30 30 27(*) (*)
Grey mullet (Mugilspp.) — 20 — 20(*) (*)
Bass(Dicentrarchus labrax) — 36 — 36(*) (*)
Red seabream (Pagellus bogaraveo) — 25 — 25(*) (*)
Black seabream (Spondyliosoma
cantharus)— 23 — 23——
Gilthead seabream (Sparus aurata) — — — 19——
Red mullet (Mullus surmuletus) — 15 — 15(*) (*)
Plaice(Pleuronectes platessa) 25 25(1) 27 25(*) (*)
Witch flounder (Glyptocephalus cyno-
glossus)28 28 28 28——
Dab(Limanda limanda) 15 15(2) 23 23(*) —
Lemon sole (Microstomus kitt) 25 25 25 25(*) —
Flounder (Platichthys flesus) — 25 20 25(*) —
Sole(Solea vulgaris) 24 24 24 24(*) (*)
Wedge sole (Dicologoglossa cuneata) — — — 15——
Megrim(Lepidorhombus spp.) 25 25 25 20(*) (*)
Brill(Scolphthalmus rhombus) 30 30 30 30(*) —
Turbot(Psetta maxima) 30 30 30 30(*) (*)
Monkfish (Lophius piscatorius, Lophius
budegassa)— (*) — (*)(*) (*)
Cuttlefish (Sepiaspp.) (*) (*) — (*)(*)(*)
(1)Except in the North Sea where the minimum size shall be 27 cm.
(2)Except in the North Sea where the minimum size shall be 23 cm.
(*)Size to be determined (see Article 2 (1).
1997R0894 — EN — 01.07.1998 — 001.001 — 25
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Species Region Geographical area Minimum sizeANNEX III
Minimum size referred to in Article 5
Herring(Clupea harengus) 1ICES division V b (EC zone) 20 cm
2Except Skagerrak and
Kattegat20 cm
Skagerrak and Kattegat 18 cm
3 20 cm
Mackerel ( Scomber spp.) 1, 2, 3
and 5Except North Sea 20 cm
2North Sea 30 cm
Mackerel (for industrialpurposes) 2Skagerrak and Kattegat only 30 cm
Pout(Trisopterus luscus) 3 (*)
Anchovy (Engraulis encra- 3Except ICES division IX a 12 cm
sicholus)3ICES division IX a 10 cm
Sardine (Sardina
pilchardus)3 (*)
Horse mackerel ( Trachurus
spp.)1, 2, 3
and 515 cm
Whole Norway lobster(Nephrops norvegicus) 2Skagerrak and Kattegat only 40 mm carapace length130 mm overall length
2Except West of Scotland andIrish Sea (ICES divisions VIa and VII a) and Skagerrakand Kattegat25 mm carapace length85 mm overall length
2West of Scotland and IrishSea (ICES divisions VI aand VII a) 20 mm carapace length70 mm total length
3 20 mm carapace length70 mm overall length
Tails of Norway lobster 2Skagerrak and Kattegat only 72 mm
2Except West of Scotland andIrish Sea (ICES divisions VIa and VII a) and Skagerrakand Kattegat46 mm
2West of Scotland and IrishSea (ICES divisions VI aand VII a) 37 mm
3 37 mm
Lobster (Homarus
gammarus)2Except Skagerrak andKattegat 85 mm carapace length24 cm overall length
2Skagerrak and Kattegat only 78 mm carapace length22 cm overall length
Spinous spider crab (Maia 2 120 mm
squinado)3 120 mm
Edible crab (Cancer 2 width (*)
pagurus) length (*)
claw (*)
3 width (*)
length (*)
claw (*)
1997R0894 — EN — 01.07.1998 — 001.001 — 26
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Species Region Geographical area Minimum size
Scallop(Pecten maximus) 2 and
3Except ICES division VII d 100 mm
2ICES division VII d 110 mm
Calm(Venus verrucosa) 2ICES divisions VII d and
VII e only40 mm
Squid(Loligo vulgaris) 3 (*)
(*) Size to be determined.
1997R0894 — EN — 01.07.1998 — 001.001 — 27
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ANNEX IV
Method for determining the size of crustaceans and molluscs
(Homarus)
Lobster(Nephrops)
Norway Lobster
(a) Carapace length
(b) Overall length
(Venus verruscosa)
Clam
(a) Maximum length of the shell
1997R0894 — EN — 01.07.1998 — 001.001 — 28
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(Cancer pagurus)
Edible crab
(Maia squinado)
Spinous spider crab
(a) Maximum width of carapace
(b) Length of carapace
(c) Length of claw
1997R0894 — EN — 01.07.1998 — 001.001 — 29
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Species/mesh 10-30 mm 50-70 mm 90-99 mm 100-119 mm 120-219 mm ≥220 mmANNEX V
Regions 1 and 2
Pilchard(Sardina pilchardus) * * * * **
Eel(Anguilla anguilla) * * * * **
Sprat(Sprattus sprattus) * * * * * *
Horse mackerel (Trachurus
trachurus)* * * **
Herring(Clupea harengus) * * * **
Mackerel (Scomber scombrus) * * * **
Red mullets (Mullidae) * * * **
Garfish(Belonespp.) * * * * *
Bass(Dicentrarchus labrax) * * **
Grey mullets (Mugilidae) * * * *
Dab(Limanda limanda) * **
Haddock (Melanogrammus
aeglefinus)* **
Whiting(Merlangius
merlangus) (2)* **
Flounder (Platichthys flesus) * **
Sole(Solea vulgaris) * **
Plaice(Pleuronectes platessa) * **
Cuttlefish (Sepiaspp.) * * *
Cod(Gadus morhua) **
Pollack(Pollachius polla-
chius)(3)**
Ling(Molva molva) **
Saithe(Pollachius virens) **
Hake(Merluccius merluc-
cius)(3)**
Spurdog(Squalus acanthias) **
Spotted dogfish (Scyliorhinus
spp.)**
Megrim(Lepidorhombus spp.) **
Lumpfish (Cyclopterus
lumpus)* *
Others *(1)
(1) Catches of anglerfish ( Lophiusspp.) taken from ICES divisions VI and VII and retained on board in excess of
30 % of the total catch on board from those areas must be taken with a minimum mesh size of 250 mm or greater.
(2) In ICES divisions VII e and VII d, for a period of two years followingthe entry into force of this Reg ulation, the
minimum size will be 90 mm.
(3) In ICES divisions VII e and VII d, for a period of two years followingthe entry into force of this Reg ulation, the
minimum size will be 110 mm.
1997R0894 — EN — 01.07.1998 — 001.001 — 30
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Species/mesh size <40 mm40-49 mm 50-59 mm 60-79 mm 80-99 mm ≥100 mmANNEX VI
Region 3
Pilchard(Sardina pilchardus) * * * * **
Prawns (Palaemon spp.) * * * * **
Rainbow wrasse (Coris julis) * * * * * *
Bogue(Boops boops) * * * * **
Shrimps(Penaeus spp.) * * * **
Mantis shrimp (Squilla mantis) * * * **
Red mullets (Mullidae) * * * **
Wedge sole (Dicologoglossa
cuneata)* * * * *
Wrasses(Labridae) * * * **
Horse mackerel (Trachurus
trachurus)* * **
Mackerel (Scomber scombrus) * * **
Pout(Trisopterus luscus) * * **
Cuttlefish ( Sepiaspp.) * * * *
Gurnards (Triglidae) * * **
Sea breams (Sparidae) * **
Rockfish (Scorpaenidae) * **
Eyed sole (Microchirus acevia * **
Short-finned squid (Ommastre-
phidae)* **
Conger(Conger conger) * **
Forkbeards ( Phycisspp.) * **
Brill(Scophtalmus rhombus) * **
Weavers (Trachinidae) * * *
Picarels(Centracanthidae) * **
Bass(Dicentrarchus labrax) **
Whiting(Merlangius merlangus) **
Turbot(Psetta maxima) **
Pollack(Pollachius pollachius) * *
Flounders (Pleuronectidae) **
Sole(Solea vulgaris) (1) *
Hake(Merluccius merluccius) (1) *
Others (2) *
(1) In ICES divisions VIII c and IX, the minimum mesh size will be 80-99 mm. However, for a period of two years
followingthe entry into force of this Reg ulation, the minimum mesh size will be 60 mm.
(2) Catches of anglerfish ( Lophiusspp.) and retained on board in excess of 30 % of the total catch on board must be
taken with a minimum mesh size of 220 mm or greater.
1997R0894 — EN — 01.07.1998 — 001.001 — 31
▼B
Regulation (EEC) No 3094/86 Present RegulationANNEX VII
PART A
Correlation table
Article 1 Article 1
Article 2 (1) Article 2 (1)
Article 2 (2) Article 2 (2)
Article 2 (3) Article 2 (3)
Article 2 (4) Article 2 (4)
Article 2 (5) Article 2 (5)
Article 2 (6) Article 2 (6)
Article 2 (7) Article 2 (7)
Article 2 (10) Article 2 (8)
Article 2 (11) Article 2 (9)
Article 2 (12) Article 2 (10)
Article 3 Article 3
Article 4 Article 4
Article 5 (1) Article 5 (1)
Article 5 (2) Article 5 (2)
Article 5 (3) (a) Article 5 (3) (a)
Article 5 (3) (b) first indent Article 5 (3) (b) first indent
Article 5 (3) (b) second indent Article 5 (3) (b) second indent
Article 5 (3) (b) third indent Article 5 (3) (b) third indent
Article 5 (3) (b) fourth indent —
Article 5 (3) (c) Article 5 (3) (c)
Article 5 (4) Article 5 (4)
Article 5 (5) Article 5 (5)
Article 6 Article 6
Article 7 Article 7
Article 7a Article 8
Article 8 Article 9
Article 9 (1) Article 10 (1)
Article 9 (2) Article 10 (2)
Article 9 (3) Article 10 (3
Article 9 (4) Article 10 (4)
Article 9 (4a) Article 10 (5)
Article 9 (5) Article 10 (6)
Article 9 (6) Article 10 (7)
Article 9 (7) Article 10 (8)
Article 9 (8) Article 10 (9)
Article 9 (9) Article 10 (10)
Article 9 (10) Article 10 (11)
Article 9 (11) Article 10 (12)
Article 9 (12) Article 10 (13)
Article 9 (13) Article 10 (14)
Article 9 (15) Article 10 (15)
Article 9 (16) Article 10 (16)
Article 9 (17) Article 10 (17)
Article 9 (18) Article 10 (18)
Article 9 (19) Article 10 (19)
Article 9a (1) Article 11 (1)
Article 9a (2) —
Article 9a (3) Article 11 (2)
Article 9a (4) Article 11 (3)
Article 9b Article 12
Article 10 Article 13
Article 11 Article 14
1997R0894 — EN — 01.07.1998 — 001.001 — 32
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Regulation (EEC) No 3094/86 Present Regulation
Official Journal
No page dateArticle 12 Article 15
Article 13 Article 16
Article 14 (1) Article 17 (1)
Article 14 (2) Article 17 (2)
Article 14 (3) Article 17 (3)
Article 14 (4) Article 17 (4)
Article 14 (5) —
Article 14 (6) —
Article 14 (7) Article 17 (5)
Article 15 Article 18
— Article 19
— Article 20
ANNEX I ANNEX I
ANNEX I — footnote (1) ANNEX I — footnote (1)
ANNEX I — footnote (2) ANNEX I — footnote (2)
ANNEX I — footnote (3) ANNEX I — footnote (3)
ANNEX I — footnote (4) ANNEX I — footnote (4)
ANNEX I — footnote (5) ANNEX I — footnote (5)
ANNEX I — footnote (6) ANNEX I — footnote (6)
ANNEX I — footnote (7) ANNEX I — footnote (7)
ANNEX I — footnote (8)—
ANNEX I — footnote (9) ANNEX I — footnote (8)
ANNEX I — footnote (10)—
ANNEX I — footnote (11) ANNEX I — footnote (9)
ANNEX I — footnote (12) ANNEX I — footnote (10)
ANNEX I — footnote (13) ANNEX I — footnote (11)
ANNEX II — footnote (2)—
ANNEX II — footnote (3)—
ANNEX II — footnote (4)—
ANNEX II — footnote (5) ANNEX II — footnote (1)
ANNEX II — footnote (6) ANNEX II — footnote (2)
ANNEX II — footnote (*) ANNEX II — footnote (*)
ANNEX III ANNEX III
ANNEX IV ANNEX IV
ANNEX VI ANNEX V
ANNEX VII ANNEX VI
ANNEX V ANNEX VII
PART B
Regulations amending the repealed Regulation (EEC) No 3094/86
Regulation (EEC) No 4026/86 L 376 1 31. 12. 1986
Regulation (EEC) No 2968/87 L 280 1 3. 10. 1987
Regulation (EEC) No 3953/87 L 371 9 30. 12. 1987
Regulation (EEC) No 1555/88 L 140 1 7. 6. 1988
Regulation (EEC) No 2024/88 L 179 1 9. 7. 1988
Regulation (EEC) No 3287/88 L 292 5 26. 10. 1988
Regulation (EEC) No 4193/88 L 369 1 31. 12. 1988
Regulation (EEC) No 2220/89 L 211 6 22. 7. 1989
Regulation (EEC) No 4056/89 L 389 75 30. 12. 1989
Regulation (EEC) No 3500/91 L 331 2 3. 12. 1991
Regulation (EEC) No 345/92 L4 2 15 18. 2. 1992
Regulation (EEC) No 1465/92 L 155 1 6. 6. 1992
Regulation (EEC) No 2120/92 L 213 3 29. 7. 1992
Regulation (EEC) No 3034/92 L 307 1 23. 10. 1992
Regulation (EEC) No 3919/92 L 397 1 31. 12. 1992
1997R0894 — EN — 01.07.1998 — 001.001 — 33
▼B
Official Journal
No page date
Regulation (EC) No 1796/94 L 187 1 22. 7. 1994
Regulation (EC) No 1173/95 L 118 15 25. 5. 1995
Regulation (EC) No 1909/95 L 184 1 3. 8. 1995
Regulation (EC) No 2251/95 L 230 11 27. 9. 1995
Regulation (EC) No 3071/95 L 329 14 30. 12. 1995
1997R0894 — EN — 01.07.1998 — 001.001 — 34
▼M1
ANNEX VIII
— Albacore: Thunnus alalunga
— Bluefin tuna: Thunnus thynnus
— Bigeye tuna: Thunnus obesus
— Skipjack: Katsuwonus pelamis
— Atlantic Bonito: Sarda Sarda
— Yellowfin tuna: Thunnus albacares
— Blackfin tuna: Thunnus atlanticus
— Little tuna: Euthynnus spp.
— Southern bluefin tuna: Thunnus maccoyii
— Frigate tuna: Auxisspp.
— Oceanic sea breams: Brama rayi
— Marlins: Tetrapturus spp.;Makaira spp.
— Sailfishes: Istiophorus spp.
— Swordfishes: Xiphias gladius
— Sauries: Scomberesox spp.;Cololabis spp.
— Dolphinfishes: Coryphœna spp.
— Sharks: Hexanchus griseus; Cetorhinus maximus; Alopiidae; Carcharhinidae; Sphymidae; Isur-
idae; Lamnidae
— Cephalopods: all species