1998R0850 — EN — 01.01.2013 — 010.001

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

Amended by:





Corrected by:









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COUNCIL REGULATION (EC) No 850/98

of 30 March 1998

for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms







THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof, Having regard to the proposal from the Commission ( 1 ), Having regard to the opinion from the European Parliament ( 2 ), Having regard to the opinion from the Economic and Social Committee ( 3 ), (1) Whereas Regulation (EC) No 894/97 ( 4 ) constitutes the consolidated version of Regulation (EEC) No 3094/86 laying down certain technical measures for the conservation of fishery resources, which Regulation has been frequently and substantially amended; (2) Whereas experience in the application of Regulation (EEC) No 3094/86 has brought to light certain deficiencies which result in problems of application and enforcement and which should be rectified, notably by reducing the number of different specifications concerning mesh-sizes, by deleting the concept of protected species and by restricting the number of different mesh-sizes that may be kept on board; whereas it is therefore appropriate to replace Regulation (EC) No 894/97 by a new text with the exception of Articles 11, 18, 19 and 20 thereof; (3) Whereas it is necessary to define certain principles and procedures for establishing technical conservation measures at Community level, so that each Member State can manage fishing activities in the maritime waters under its jurisdiction or sovereignty; (4) Whereas a balance needs to be established between adapting technical conservation measures to the diversity of the fisheries and the need for homogeneous rules which are easy to apply; (5) Whereas Article 130r(2) of the Treaty establishes the principle that all Community measures must integrate environmental protection requirements notably in the light of the precautionary principle; (6) Whereas the practice of returning marine organisms to the sea should be reduced as much as possible; (7) Whereas protection of nursery areas should be provided for, taking into account the specific biological conditions in the various zones concerned; (8) Whereas in Directive 92/43/EEC ( 5 ), the Council laid down measures for conservation of natural habitats and of wildlife and fauna; whereas the list of marine organisms that fall within the scope of this Regulation contains names of species protected by the requirements of that Directive; (9) Whereas the European Parliament on 25 October 1996 adopted its resolution on the communication from the Commission on the implementation of technical measures in the common fisheries policy; (10) Whereas to ensure the protection of marine biological resources and the balanced exploitation of fishery resources in the interests of both fishermen and consumers, technical conservation measures should be laid down, specifying inter alia the mesh sizes and combinations thereof appropriate for the capture of certain species and other characteristics of fishing gear, and the minimum sizes of marine organisms, as well as limitations of fishing within certain areas and time-periods and with certain gears and equipment; (11) Whereas, in the light of scientific advice, provisions should be laid down for increases in mesh sizes of towed gears when fishing for certain species of marine organisms, and provisions should be laid down for the mandatory use of square-meshed netting, as this can play a significant role in reducing the capture of juveniles of marine organisms; (12) Whereas, to avoid the possibility of using ever smaller mesh sizes for fixed gears, which is resulting in increasing mortality rates for juveniles of the target species of the fisheries concerned, mesh sizes for fixed gears need to be established; (13) Whereas the species composition of catches and the associated fishing practices differ between geographical areas; whereas these differences justify the application of different measures in those areas; (14) Whereas the catching of certain species to be transformed into fish-meal or fish-oil may be carried out with small mesh sizes, provided that such catching operations do not have a negative influence on other species; (15) Whereas minimum sizes need to be applied with respect to species that constitute a major proportion of the landings by Community fleets and to those species which survive being returned to the sea; (16) Whereas the minimum size of a species should be in accordance with selectivity of the mesh size applicable to that species; (17) Whereas the manner in which the size of marine organisms is to be measured should be defined; (18) Whereas, in order to protect juvenile herring, specific provisions regarding the catching and retaining on board of sprat should be adopted; (19) Whereas, to take into account traditional fishing practice in certain areas, specific provisions regarding the catching and retaining on board of anchovy and tuna should be adopted; (20) Whereas, in order to ensure control of fishing activities in certain areas by vessels complying with specific conditions, access to such areas shall be subject to special fishing permits as referred to in Council Regulation (EC) No 1627/94 of 27 June 1994 laying down general provisions concerning special fishing rights ( 6 ); (21) Whereas the use of purse seines on schools of fish found in association with marine mammals may result in the catching and killing of such mammals; whereas however, when properly conducted, the use of purse seines is an effective method of fishing solely for the desired target species; whereas the encirclement of marine mammals with purse seines must therefore be prohibited; (22) Whereas, in order not to hinder scientific research, artificial restocking or transplantation, this Regulation should not apply to operations which may be necessitated by the conduct of such activities; (23) Whereas certain measures, necessary in the context of conservation, are contained in Council Regulation (EEC) No 2930/86 of 22 September 1986 defining characteristics for fishing vessels ( 7 ) and Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy ( 8 ), and therefore need not be reiterated; (24) Whereas, where conservation is seriously threatened, the Commission and Member States should be authorised to take appropriate provisional measures; (25) Whereas additional national measures of a strictly local character may be maintained or adopted, subject to examination by the Commission of their compatibility with Community law and conformity with the common fisheries policy; (26) Whereas, where detailed rules on the implementation of this Regulation may be necessary, such rules should be adopted in accordance with the procedure laid down in Article 18 of Regulation (EEC) No 3760/92 ( 9 ), HAS ADOPTED THIS REGULATION:







Article 1

This Regulation, laying down technical conservation measures, shall apply to the taking and landing of fishery resources occurring in the maritime waters under the sovereignty or jurisdiction of the Member States and situated in one of the regions specified in Article 2, except as otherwise provided in Articles 26 and 33.

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Article 1a

In Article 4(2)(c), Article 46(1)(b) and in Annex I, footnote (5), the noun ‘Community’, or the corresponding adjective, is replaced by the noun ‘Union’, or the corresponding adjective, and any grammatical adjustments needed as a consequence of this replacement shall be made.

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TITLE I

DEFINITIONS

Article 2

1. For the purposes of this Regulation, the following definitions of maritime waters shall apply:

(a) Region 1

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

(b) Region 2

All waters situated north of latitude 48o N, but excluding the waters in Region 1 and ICES divisions IIIb, IIIc, and IIId.

(c) Region 3

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

(d) Region 4

All waters corresponding to ICES sub-area X.

(e) Region 5

All waters in that part of the east central Atlantic comprising divisions 34.1.1, 34.1.2 and 34.1.3 and sub-area 34.2.0 of fishing zone 34 of the CECAF region.

(f) Region 6

All waters off the coasts of the French department of Guyana that come under the sovereignty or jurisdiction of France.

(g) Region 7

All waters off the coasts of the French departments of Martinique and Guadeloupe that come under the sovereignty or jurisdiction of France.

(h) Region 8

All waters off the coasts of the French department of Réunion that come under the sovereignty or jurisdiction of France.

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(i) Region 9

All waters of the Black Sea corresponding to the geographical sub-area 29 as defined in Annex I to Regulation (EU) No 1343/2011 of the European Parliament and of the Council of 13 December 2011 on certain provisions for fishing in the GFCM (General Fisheries Commission for the Mediterranean) Agreement area ( 10 ) and in Resolution GFCM/33/2009/2.

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2. The geographical areas designated in this Regulation by the letters ‘ICES’and ‘CECAF’shall be those defined by the International Council for the Exploration of the Sea and the Fishery Committee for the Eastern Central Atlantic, respectively. They are described, subject to any subsequent amendments, in Commission communications No 85/C 335/02 ( 11 ) and No 85/C 347/05 ( 12 ).

3. The regions referred to in paragraph 1 may be divided into geographical areas, in particular on the basis of the definitions referred to in paragraph 2, in accordance with the procedure referred to in Article 48.

4. Notwithstanding paragraph 2, for the purposes of this Regulation:

— the Kattegat is limited in the north by a line drawn from Skagen Lighthouse to the lighthouse in Tistlarna, and from there to the nearest point on the Swedish coast, and in the south by a line drawn from Hasenøre Head to Gniben Point, from Korshage to Spodsbjerg, and from Gilbjerg Head to the Kullen,

— the Skagerrak is limited in the west by a line drawn form the lighthouse of Hanstholm to the lighthouse of Lindesnes, and in the south by a line drawn form Skagen Lighthouse to the lighthouse of Tistlarna, and from there to the nearest point on the Swedish coast,

— the North Sea shall comprise ICES sub-area IV, the adjacent part of ICES Division IIa lying south of latitude 64o N, and that part of ICES Division IIIa which is not covered by the definition of the Skagerrak given in the second indent.

Article 3

For the purposes of this Regulation:

(a) marine organismsshall mean all marine fish, including anadromous and catadromous species during their marine life, crustaceans and molluscs and parts thereof;

(b) mesh sizeof a towed net shall mean the mesh size of any cod-end or extension piece found on board a fishing vessel and attached to or suitable for attachment to any towed net. The mesh size shall be determined by procedures specified in Regulation (EEC) No 2108/84 ( 13 ). This definition of mesh size shall not be applied to mesh size of square-meshed netting;

(c) multiple twine nettingshall mean netting constructed of two or more twines, where the twines can be separated between the knots without damage to the twine structure;

(d) square-meshed nettingshall mean a construction of netting mounted so that of the two sets of parallel lines formed by the mesh bars, one set is parallel to, and the other at right angles to, the long axis of the net;

(e) mesh size of a square-meshed panel or windowshall mean the largest determinable mesh size of such a panel or window inserted into a towed net. The mesh size shall be determined by procedures in Regulation (EEC) No 2108/84;

(f) knotless nettingshall mean netting which is composed of meshes of four sides of approximately equal length in which the corners of the meshes are formed by the interweaving of the twines of two adjacent sides of the mesh;

(g) bottom set gill nets or entangling netsshall mean any fixed gear made up of a single piece of net, fixed, or capable of being fixed, by any means to the bottom of the sea;

(h) trammel netsshall mean any fixed gear made up of two or more pieces of net hung jointly in parallel on a single headline, fixed, or capable of being fixed, by any means to the bottom of the sea.







TITLE II

NETS AND CONDITIONS FOR THEIR USE







CHAPTER I

PROVISIONS FOR TOWED GEARS

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Article 4

1. For each of the regions or geographical areas mentioned in Annexes I to V, and depending where applicable on the time period, the target species for each range of mesh size are as defined in the relevant Annex.

2.

(a) The use, during any fishing voyage, of any combination of towed nets of more than one range of mesh size shall be prohibited, — within the totality of Regions l and 2 except Skagerrak and Kattegat, and depending where applicable on the time period, unless the mesh sizes of such nets used are in compliance with no more than one of the permitted combinations of mesh size ranges laid down in Annex VIII, and — within Region 3 except ICES Division IXa east of longitude 7o 23′ 48″ W unless the mesh sizes of such nets used are in compliance with no more than one of the permitted combinations of mesh size ranges laid down in Annex IX.

(b) Within each of the regions or geographical areas mentioned in Annexes III, IV, and V, and depending, where applicable, on the time period, the use, during any fishing voyage, of any combination of towed nets of the mesh size ranges specified in the relevant Annex shall be allowed.

(c) Masters of fishing vessels who during any fishing voyage do not complete a logbook in accordance with the provisions of Article 6 of Regulation (EEC) No 2847/93 shall not use during that voyage any combination of towed nets of more than one range of mesh size within Community fishing waters. This requirement shall not apply to fishing voyages within Community fishing waters in Regions 4, 5 and 6.

(d) Vessels may carry on board during any fishing voyage any combination of towed nets of mesh size ranges which do not comply with the conditions laid down in subparagraphs (a) or (b), provided that all such nets are lashed and stowed in accordance with the provisions of Article 20(1) of Regulation (EEC) No 2847/93. Any towed net which is not lashed and stowed in accordance with the aforementioned provisions shall be considered to be in use.

(e) Whenever more than one net is towed simultaneously by a fishing vessel or by more than one fishing vessel, each net shall be of the same mesh size range.

(f) The use of any towed net of mesh size: — less than 16 mm shall be prohibited in Region 3 except ICES Division IXa east of longitude 7o 23′ 48″ W, — less than 40 mm shall be prohibited in ICES Division IXa east of longitude 7o 23′ 48″ W, — less than 20 mm shall be prohibited in Regions 4 and 5, — less than 45 mm shall be prohibited in Region 6.

3. Masters of fishing vessels who do not complete a logbook in accordance with the provisions of Article 6 of Regulation (EEC) No 2847/93 shall not, during any fishing voyage, fish in more than one of the regions or geographical areas mentioned in Annexes I to V. This requirement shall not apply to vessels which, during any fishing voyage, use only towed nets of mesh size equal to or greater than 100 mm.

4.

(a) For each fishing voyage during which any combination of towed nets of more than one range of mesh size is used, landings shall be prohibited whenever: (i) the catches are taken in Regions 1 or 2 except for the Skagerrak and Kattegat and any one of the nets used is of mesh size equal to or greater than 100 mm, unless the percentage composition of the catches retained on board is in compliance with the relevant conditions laid down in Annex X(A); or (ii) the catches are taken in the Skagerrak and Kattegat and any one of the nets used is of mesh size equal to or greater than 90 mm, unless the percentage composition of the catches retained on board is in compliance with the relevant conditions laid down in Annex X(B); or (iii) the catches are taken in Region 3 except for ICES Division IXa east of 7o 23′ 48″ W and any one of the nets used is of mesh size equal to or greater than 70 mm, unless the percentage composition of the catches retained on board is in compliance with the relevant conditions laid down in Annex XI(A); or (iv) the catches are taken in ICES Division IXa east of 7o 23′ 48″ W and any one of the nets used is of mesh size equal to or greater than 55 mm, unless the percentage composition of the catches retained on board is in compliance with the relevant conditions laid down in Annex XI(B);

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(b) For each fishing voyage, during which only towed nets of one range of mesh size are used, landings shall be prohibited whenever the catch taken in each of the regions or geographical areas mentioned in Annexes I to V, and retained on board, does not comply with the corresponding conditions laid down in the relevant annex.

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5.

(a) The percentage of target species and of other species shall be obtained by aggregating all quantities retained on board, or transshipped, of target species and other species as set out in Annexes I to V.

(b) However, detailed rules for obtaining the percentage of target species and of other species retained on board when these have been taken by a net or nets towed simultaneously by more than one fishing vessel, shall be drawn up in accordance with the procedure laid down in Article 48.

6. Before 31 May 2001, Member States will report to the Commission on the application of the conditions laid down in this Article, Article 15 and relevant Annexes. On the basis of these reports, the Commission shall submit appropriate proposals. The Council shall decide, on the basis of any such proposal, before 31 October 2001.

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Article 5

1. The percentages referred to in Annexes I to V, X and XI shall be calculated as the proportion by live weight of all marine organisms on board after sorting or on landing.

2. However, when calculating the percentages referred to in paragraph 1 for a fishing vessel from which quantities of marine organisms have been transhipped, these quantities shall be taken into account.

3. Masters of fishing vessels who do not complete a logbook in accordance with the provisions of Article 6 of Regulation (EEC) No 2847/93 shall not tranship marine organisms to any other vessel, or receive transhipments of marine organisms from any other vessel.

4. The percentages referred to in paragraph 1 may be calculated on the basis of one or more representative samples.

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6. For the purpose of this Article, the equivalent weight of whole Norway lobster shall be obtained by multiplying the weight of Norway lobster tails by three.

Article 6

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1.

(a) The carrying on board or the use of any demersal trawl, Danish seine or similar towed net having more than 100 meshes in any circumference of the cod-end stricto sensu, excluding the joinings and selvedges shall be prohibited. This provision shall apply to demersal trawls, Danish seines or similar towed nets of which the mesh size lies within the range 90 to 119 millimetres.

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(b) The first subparagraph shall not apply to beam trawls.

2. Within any single cod-end stricto sensu, the number of meshes around any circumference of the cod-end must not increase from the front end to the rear end. This provision shall apply to all towed nets of which the mesh size is equal to, or greater than, 55 millimetres.

3. The number of meshes, excluding those in the selvedges, at any point on any circumference of any extension or lengthening piece shall not be less than the maximum number of meshes on the circumference of the front-end of the cod-end stricto sensu excluding meshes in the selvedges. This provision shall apply to all towed nets of which the mesh size is equal to, or greater than, 55 millimetres.

Article 7

1.

(a) Square-meshed panels of a mesh size of at least 80 millimetres may be inserted into any towed net.

(b) Alternatively, any demersal trawl, Danish seine or similar towed net of which the mesh size is equal to, or greater than, 100 millimetres may be equipped with panels authorised in accordance with Council Regulation (EEC) No 1866/86 of 12 June 1986 laying down certain technical measures for the conservation of fishery resources in the waters of the Baltic Sea, the Belts and the Sound ( 14 ).

2. Any square-meshed panel:

(a) shall be placed in the top half or top sheet of a net in front of any extension piece or at any point between the front of any extension piece and the posterior of the cod-end;

(b) shall not be obstructed in any way by either internal or external attachments;

(c) shall be at least three metres in length except when incorporated into nets towed by vessels of less than 112 kilowatts, when it must be of at least two metres in length;

(d) shall be constructed of knotless netting or of netting constructed with non-slip knots, and shall be inserted in such a way that the meshes remain fully open at all times while fishing;

(e) shall be constructed so that the number of meshes in the anterior row of meshes of the panel is equal to or greater than the number of meshes in the posterior row of meshes in the panel.

3. In any net in which a square-meshed panel is inserted in an untapered portion of the net, there shall be at most five open diamond meshes between each panel side and the adjacent selvedges of the net.

In any net in which a square-meshed panel is inserted, wholly or partially, into a tapered portion of the net there shall be at most five open diamond meshes between the posterior row of meshes in the square-meshed panel and the adjacent selvedges of the net.

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4. Notwithstanding paragraph 1(a), any demersal trawl, Danish seine or similar towed net of which the mesh size lies in the range 70 to 79 millimetres shall be equipped with a square-meshed panel having a mesh size equal to, or greater than, 80 millimetres.

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5. Notwithstanding paragraph 1(a), the retention on board of any quantity of crustaceans of the genus Pandalus caught with any demersal towed net having a mesh size lying in the range 32 to 54 millimetres shall be prohibited, unless the net is equipped with a square-meshed panel or window having a mesh size equal to, or greater than, 70 millimetres ►M6 or with a sorting grid whose use is established under the conditions laid down in Article 46 ◄ .

6. The conditions of paragraphs 4 and 5 shall apply only within Regions 1 and 2.

7. Measurements of the mesh size of any square-meshed netting inserted into any part of a net shall not be taken into consideration when assessing the mesh size of a towed net.

Article 8

1. The carrying on board or the use of any towed nets constructed wholly or in part in the cod-end of single twine netting materials having a twine thickness of more than eight millimetres shall be prohibited.

2. The carrying on board or the use of any towed nets constructed wholly or in part in the cod-end of netting materials consisting of multiple twine shall be prohibited, unless the multiple twines are of approximately equal thickness and unless the sum of the thicknesses of the multiple twines on any side of any mesh is no more than 12 millimetres.

3. Paragraphs 1 and 2 shall not apply to pelagic trawls.

Article 9

1. The carrying on board or the use of any towed net the cod-end of which is constructed wholly or in part of any type of netting material made of meshes other than square mesh or diamond mesh shall be prohibited.

2. Paragraph 1 shall not apply to any towed net the cod-end of which has a mesh size of 31 millimetres or less.

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Article 10

Dredges are exempted from the provisions of Article 4. However, it shall be prohibited during any voyage when dredges are carried on board,

(a) to tranship marine organisms and

(b) to retain on board or land any quantity of marine organisms unless at least 95 % by weight thereof consists of bivalve molluscs.

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CHAPTER II

PROVISIONS FOR FIXED GEARS

Article 11

1. For each of the regions or geographical areas mentioned in Annexes VI and VII, and depending where applicable on the time-period, the use or keeping on board of any bottom set gillnet, entangling net or trammel net shall be prohibited, unless:

(a) the catch taken with that net and retained on board includes a percentage of target species no less than 70 %; and

— in the case of bottom set gillnets and entangling nets, its mesh size corresponds to one of the categories set out in the relevant Annex, — in the case of trammel nets, its mesh size in that part of the net having the smallest meshes corresponds to one of the categories set out in the relevant Annex. (b)

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This derogation shall apply without prejudice to Article 34b(2)(c).

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2. The minimum percentage of target species may be obtained by aggregating the quantities of all the target species caught.

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Article 11a

In Region 9, the minimum mesh size for bottom set gillnets, when used to catch turbot, shall be 400 millimetres.

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Article 12

1. The percentage referred to in Article 11(1) shall be calculated as the proportion by live weight of all marine organisms on board after sorting or on landing.

2. The percentage referred to in paragraph 1 may be calculated on the basis of one or more representative samples.

Article 13

Articles 11 and 12 shall not apply to catches of salmonids, lampreys or hagfish.







CHAPTER III

GENERAL PROVISIONS ON NETS AND CONDITIONS FOR THEIR USE

Article 14

Sorting shall be carried out immediately after catches have been removed from the net or nets.

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Article 15

1. Quantities of marine organisms caught in excess of permitted percentages specified in Annexes I to VII, X and XI may not be landed but shall be returned to the sea prior to each landing.

2. At all times during a fishing voyage, and following sorting of the catch, the percentage of target species as defined in Annexes I to VIl retained on board shall be at least half of the minimum percentages of the target species referred to in the said Annexes.

3. Masters of fishing vessels who are required to complete a logbook shall ensure that after the first 24 hours of a fishing voyage has expired, the minimum percentage of target species as set out in Annexes I to VII, X and XI shall be met at the time of each completion of the logbook, in accordance with conditions laid out in Article 6 of Regulation (EEC) No 2847/93.

4. Whenever, during a fishing voyage, a vessel newly enters any of the regions or geographical areas mentioned in Annexes I to V, the minimum percentage of target species, as set out in Annexes I to VII, X and XI, caught and retained on board from the region or geographical area previously fished during this voyage shall be met within two hours.

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Article 16

No device shall be used by means of which the mesh in any part of the fishing net is obstructed or otherwise effectively diminished.

This provision shall not exclude the use of certain devices of which a list and technical descriptions shall be drawn up in accordance with the procedure referred to in Article 48.







TITLE III

MINIMUM SIZE OF MARINE ORGANISMS

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Article 17

A marine organism is undersized if its dimensions are smaller than the minimum dimensions specified in Annex XII and Annex XIIa for the relevant species and the relevant geographical area.

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Article 18

1. The measurement of the size of a marine organism shall take place in accordance with the provisions laid down in Annex XIII.

2. Where more than one method of measuring the size of a marine organism is provided for, the organism is considered to be of the minimum size if the application of any one of these methods results in a size equal to, or greater than, the corresponding minimum size.

3. Lobsters, crawfish, and bivalve and gastropod molluscs belonging to any such species for which a minimum size is set in Annex XII may only be retained on board whole and may only be landed whole.

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4.

(a) For catches of edible crabs made by pots or creels, a maximum of 1 % by weight of the total catch of edible crabs or parts thereof retained on board during any fishing voyage or landed at the end of any fishing voyage may consist of detached crab claws.

(b) For catches of edible crabs made by any fishing gear other than pots or creels, a maximum of 75 kg of detached crab claws may be retained on board at any moment in time during a fishing voyage or may be landed at the end of any fishing voyage.

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Article 19

1. Undersized marine organisms shall not be retained on board or be transhipped, landed, transported, stored, sold, displayed or offered for sale, but shall be returned immediately to the sea.

2. Paragraph 1 shall not apply to:

(a) sardine, anchovy, herring, horse mackerel and mackerel, within a limit of 10 % by live weight of the total catches retained on board of each of these species. The percentage of undersized sardine, anchovy, herring, horse mackerel or mackerel shall be calculated as the proportion by live weight of all marine organisms on board after sorting or on landing. The percentage may be calculated on the basis of one or more representative samples. The limit of 10 % shall not be exceeded during transhipment, landing, transportation, storage, display or sale;

(b) marine organisms other than those defined in Annexes I to V as target species for the mesh size categories smaller than 16 millimetres or than 16 to 31 millimetres, and caught with towed gear of a mesh size less than 32 millimetres, provided that said organisms are not sorted and are not sold, displayed or offered for sale for human consumption.

3. However, undersized sardine, anchovy, horse mackerel or mackerel caught for use as live bait may be retained on board, provided they are retained alive.

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4. Paragraphs 2 and 3 shall not apply in Region 9.







TITLE IIIa

Measures to reduce discarding

Article 19a

Prohibition of highgrading

1. Within Regions 1, 2, 3 and 4 the discarding, during fishing operations, of species subject to quota which can be legally landed shall be prohibited.

2. The provisions referred to in paragraph 1 are without prejudice to the obligations set out in this Regulation or in any other Union legal acts in the field of fisheries.

Article 19b

Moving-on provisions and prohibition on slipping

1. Within Regions 1, 2, 3 and 4, where the quantity of undersized mackerel, herring or horse mackerel exceeds 10 % of the total quantity of the catches in any one haul, the vessel shall move fishing grounds.

2. Within Regions 1, 2, 3 and 4 it is prohibited to release mackerel, herring or horse mackerel before the net is fully taken on board a fishing vessel resulting in the loss of dead or dying fish.

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TITLE IV

SPECIAL PROVISIONS RELATING TO FISHING FOR CERTAIN MARINE ORGANISMS

Article 20

Restrictions on fishing for herring

1. The retention on board of herring which are caught within the geographical areas and during the periods mentioned below shall be prohibited:

(a) from 1 January to 30 April, within the geographical area situated to the north-east of a line drawn between Mull of Kintyre and Corsewall Point;

(b) from 1 July to 31 October, within the geographical area bounded by the following coordinates: — the west coast of Denmark at latitude 55o 30′ N, — latitude 55o 30′ N, longitude 7o 00′ E, — latitude 57o 00′ N, longitude 7o 00′ E, — the west coast of Denmark at latitude 57o 00′ N;

(c) from 15 August to 15 September, within the zone extending from six to 12 miles off the east coast of the United Kingdom as measured from the baselines between latitudes 55o 30′ N and 55o 45′ N;

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(e) from 15 August to 30 September, within the zone extending from six to 12 miles off the east coast of the United Kingdom as measured from the baselines between latitudes 54o 10′ N and 54o 45′ N;

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(i) from 21 September to 15 November, within the part of ICES Division VIIa bounded by the coast of the Isle of Man and straight lines drawn consecutively between the following coordinates: — latitude 54o20′00″ N, longitude 04o25′05″ W and latitude 54o20′00″ N, longitude 03o57′02″ W, — latitude 54o20′00″ N, longitude 03o57′02″ W and latitude 54o17′05″ N, longitude 03o56′08″ W, — latitude 54o17′05″ N, longitude 03o56′08″ W and latitude 54o14′06″ N, longitude 03o57′05″ W, — latitude 54o14′06″ N, longitude 03o57′05″ W and latitude 54o00′00″ N, longitude 04o07′05″ W, — latitude 54o00′00″ N, longitude 04o07′05″ W and latitude 53o51′05″ N, longitude 04o27′08″ W, — latitude 53o51′05″ N, longitude 04o27′08″ W and latitude 53o48′00″ N, longitude 04o50′00″ W, — latitude 53o48′05″ N, longitude 04o50′00″ W and latitude 54o04′05″ N, longitude 04o50′00″ W; (ii) from 21 September to 31 December, within the part of ICES Division VIIa bounded by the following coordinates: — the east coast of Northern Ireland at latitude 54o15′ N, — latitude 54o 15′ N, longitude 5o15′ W, — latitude 53o50′ N, longitude 5o50′ W, — the east coast of Ireland at latitude 53o50′ N; (f)

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(g) throughout the year within ICES Division VIIa, in the geographical area between the west coasts of Scotland, England and Wales, and a line drawn 12 miles from the baselines of the coasts bounded to the south by latitude 53o 20′ N and to the north-west by a line drawn between the Mull of Galloway (Scotland) and the Point of Ayre (Isle of Man);

(h) throughout the year within Logan Bay, defined as the waters east of a line drawn from the Mull of Logan situated at latitude 54o 44′ N and longitude 4o 59′ W, to Laggantalluch Head, situated at latitude 54o 41′ N and longitude 4o 58′ W;

(i) in 1997, and every third year thereafter, from the second Friday in January, for a period of 16 consecutive days within the area bounded by the following coordinates: — the south-east coast of Ireland at latitude 52o 00′ N, — latitude 52o 00′ N, longitude 6o 00′ W, — latitude 52o 30′ N, longitude 6o 00′ W, — the south-east coast of Ireland at latitude 52o 30′;

(j) in 1997, and every third year thereafter from the first Friday in November for a period of 16 consecutive days within the area bounded by the following coordinates: — the south coast of Ireland at longitude 9o 00′ W, — latitude 51o 15′ N, longitude 9o 00′ W, — latitude 51o 15′ N, longitude 11o 00′ W, — latitude 52o 30′ N, longitude 11o 00′ W, — the west coast of Ireland at latitude 52o 30′ N;

(k) in 1998, and every third year thereafter, from the first Friday in November for a period of 16 consecutive days within the area bounded by the following coordinates: — the south coast of Ireland at longitude 9o 00′ W, — latitude 51o 15′ N, longitude 9o 00′ W, — latitude 51o 15′ N, longitude 7o 30′ W, — the south coast of Ireland at latitude 52o 00′ N.

2. However, vessels may retain on board quantities of herring from any of the areas described, provided they do not exceed 5 % of the total live weight of the marine organisms on board which have been caught in each separate area during one of the periods specified.

3. Notwithstanding paragraph 1, points (f)(ii) and (h), vessels with a length not exceeding 12,2 metres based in ports situated on the east coast of Ireland and Northern Ireland between latitudes 53o 00′ N and 55o 00′ N may retain on board quantities of herring from the areas set out in paragraph 1, points (f)(ii) and (h). The only method of fishing authorised shall be drift-netting with nets of a mesh size equal to, or greater than, 54 millimetres.

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Article 20a

Restrictions on fishing for herring in Union waters of ICES division IIa

It shall be prohibited to land or retain on board herring caught in Union waters of ICES division IIa in the periods from 1 January to 28 February and from 16 May to 31 December.

▼B

Article 21

Restrictions on fishing for sprat to protect herring

1. The retention on board of sprat which are caught within the geographical areas and during the periods mentioned below shall be prohibited:

(a) from 1 January to 31 March, and from 1 October to 31 December, within ICES statistical area 39E8. For the purpose of this Regulation, this ICES area shall be the area bounded by a line due east from the United Kingdom east coast along latitude 55o 00′ N to a point at longitude 1o 00′ W, from there due north to a point at latitude 55o 30′ N and from there due west to the United Kingdom coast;

(b) from 1 January to 31 March, and from 1 October to 31 December, within the inner waters of the Moray Firth west of longitude 3o 30′ W, and in the inner waters of the Firth of Forth west of longitude 3o 00′ W,

(c) from 1 July to 31 October, within the geographical area bounded by the following coordinates: — the west coast of Denmark at latitude 55o 30′ N, — latitude 55o 30′ N, longitude 7o 00′ E, — latitude 57o 00′ N, longitude 7o 00′ E, — the west coast of Denmark at latitude 57o 00′ N.

2. However, vessels may retain on board quantities of sprat from any of the areas described, provided they do not exceed 5 % of the total live weight of the marine organisms on board which have been caught in each separate area during any of the periods specified.

Article 22

Restrictions on fishing for mackerel

1. the retention on board of mackerel which are caught within the geographical area bounded by the following coordinates shall be prohibited:

— a point on the south coast of the United Kingdom at longitude 2o 00′ W,

— latitude 49o 30′ N, longitude 2o 00′ W,

— latitude 49o 30′ N, longitude 7o 00′ W,

— latitude 52o 00′ N, longitude 7o 00′ W,

— a point on the west coast of the United Kingdom at latitude 52o 00′ N,

except where the weight of the mackerel does not exceed 15 % by live weight of the total quantities of mackerel and other marine organisms on board which have been caught in this area.

2. Paragraph 1 shall not apply:

(a) to vessels fishing exclusively with gill nets and/or hand lines;

(b) to vessels fishing with demersal trawls, Danish seines or other similar towed nets, provided that they have on board a minimum of 75 % by live weight of marine organisms with the exception of anchovy, herring, horse mackerel, mackerel, pelagic cephalopods and sardine, calculated as a percentage of the total live weight of all the marine organisms on board;

(c) to vessels which are not equipped for fishing and to which mackerel are being transhipped.

3. All mackerel which are on board shall be deemed to have been caught within the area provided for by paragraph 1, except those which have been declared to be on board before the vessel enters that area, under the procedure described in the following subparagraphs.

The master of a vessel intending to enter that area in order to fish, and holding mackerel on board, shall notify the control authority of the Member state in whose zone he intends to fish of his estimated time and place of arrival in this area no more than 36 hours and no less than 24 hours before the vessel enters that area.

On entering the area, he shall notify the competent control authority of the quantities of mackerel which he has on board and which are entered in the log-book. The master may be required to submit his log-book and the catches on board for verification at a time and place to be determined by the competent control authority. The time shall be no later than six hours after receipt by the control authority of the message notifying the quantities of mackerel on board and the place shall be as near as possible to the point of entry into the area.

The master of the fishing vessel who intends to enter the area for the purpose of having mackerel transhipped to his vessel shall notify the control authority of the Member State in whose zone transhipment will take place, or the intended time and place of transhipment no more than 36 hours and no less than 24 hours before transhipment begins. Immediately on completion of transhipment, the master shall inform the competent control authority of the quantities of mackerel which have been transhipped to that vessel.

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▼B

Article 23

Restrictions on fishing for anchovy

1. The retention on board of anchovy caught using pelagic trawls in ICES Division VIIIc or the fishing for anchovy with pelagic trawls in this Division shall be prohibited.

2. Within the Division referred to in paragraph 1, the simultaneous carrying on board of pelagic trawls and purse seines shall be prohibited.

▼M7 —————

▼B

Article 25

Restrictions on fishing for shrimps to protect flatfish

1. The retention on board of any quantity of common shrimps and Aesop shrimps caught with demersal towed nets having any mesh size between 16 and 31 millimetres shall be prohibited, unless the vessel has installed on board a functioning device designed to separate flatfish from common shrimps and Aesop shrimps following capture.

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2. At the latest on 1 July 2002, a separator trawl or a trawl with a sorting grid shall be used to catch common shrimps and Aesop shrimps in conformity with detailed rules which Member States shall establish in accordance with Article 46. Such rules may be applicable only to nets towed by fishing vessels.

▼B

3. However, quantities of common shrimp or Aesop shrimp may be retained on board fishing vessels that do not comply with the provisions laid down in paragraphs 1 and 2, provided these quantities do not exceed 5 % of the total live weight of the marine organisms on board.

Article 26

Restrictions on fishing for salmon and sea trout

1. Salmon and sea trout shall not be retained on board or be transhipped, landed, transported, stored, sold, displayed or offered for sale, but shall be returned immediately to the sea when taken:

— within the waters situated outside the six-mile limit measured from Member States' baselines in regions 1, 2, 3 and 4,

— by way of derogation from Article 2(1), outside the waters under the sovereignty or jurisdiction of the Member States in regions 1, 2, 3, and 4, except in the waters under the jurisdiction of Greenland and the Faroe Islands,

— when fishing with any towed net.

2. Paragraph 1 shall not apply to salmon and sea trout taken within the Skagerrak and Kattegat.

Article 27

Restrictions on fishing for Norway pout to protect other roundfish

1. The retention on board of Norway pout which are caught with any towed gear in the area which is bounded by a line joining the following points shall be prohibited:

— a point at 56o N on the east coast of the United Kingdom as far as 2o E,

— the running north to 58o N, west to 0o 30′ W, north to 59o 15′ N, east to 1o E, north to 60o N, west to longitude 0o 00′;

— from there north to 60o 30′ N, west to the coast of the Shetland Isles, then west from 60o N on the west coast of the Shetlands to 3o W, south to 58o 30′ N,

— and finally west to the coast of the United Kingdom.

2. However, vessels may retain on board quantities of Norway pout from the area and caught with the gear described in paragraph 1, provided they do not exceed 5 % of the total weight of the marine organisms on board which have been caught in the said area with the said gear.

Article 28

Restrictions on fishing for hake

1. Fishing with any trawl, Danish seine or similar towed net, in the geographical areas and during the periods mentioned below, shall be prohibited:

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(a) from 1 October to 31 January of the following year, within the geographical area bounded by a line sequentially joining the following coordinates: — latitude 43o46,5′ N, longitude 7o54,4′ W, — latitude 44o1,5′ N, longitude 7o54,4′ W, — latitude 43o25′ N, longitude 9o12′ W, — latitude 43o10′ N, longitude 9o12′ W;

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▼B

(c) from 1 December to the last day of February in the following year, within the geographical area bounded by a line joining the following coordinates: — a point on the west coast of Portugal at latitude 37o 50′ N, — latitude 37o 50′ N, longitude 9o 08′ W, — latitude 37o 00′ N, longitude 9o 07′ W, — a point on the west coast of Portugal at latitude 37o 00′ N.

2. Within the zones and during the periods referred to in paragraph 1, the carrying on board of any trawl, Danish seine or similar towed net shall be prohibited, unless such gears are lashed and stowed in accordance with the provisions laid down in Article 20(1) of Regulation (EEC) No 2847/93.

Article 29

▼M6

Conditions applicable in a major plaice nursery area

▼B

1. Vessels exceeding eight metres length overall shall be prohibited from using any demersal trawl, Danish seine or similar towed gear inside the following geographical areas:

(a) the area within 12 miles of the coasts of France, north of latitude 51o 00′ N, Belgium, and the Netherlands up to latitude 53o 00′ N, measured from the baselines;

(b) the area bounded by a line joining the following coordinates: — a point on the west coast of Denmark at latitude 57o 00′ N, — latitude 57o 00′ N, longitude 7o 15′ E, — latitude 55o 00′ N, longitude 7o 15′ E, — latitude 55o 00′ N, longitude 7o 00′ E, — latitude 54o 30′ N, longitude 7o 00′ E, — latitude 54o 30′ N, longitude 7o 30′ E, — latitude 54o 00′ N, longitude 7o 30′ E, — latitude 54o 00′ N, longitude 6o 00′ E, — latitude 53o 50′ N, longitude 6o 00′ E, — latitude 53o 50′ N, longitude 5o 00′ E, — latitude 53o 30′ N, longitude 5o 00′ E, — latitude 53o 30′ N, longitude 4o 15′ E, — latitude 53o 00′ N, longitude 4o 15′ E, — a point on the coast of the Netherlands at latitude 53o 00′ N;

(c) the area within 12 miles of the west coast of Denmark from latitude 57o 00′ N as far north as the Hirtshals Lighthouse, measured from the baselines.

2.

(a) However, vessels to which a special fishing permit has been issued in accordance with Article 7(3) of Regulation (EC) No 1627/94 shall be authorised to fish in the areas referred to in paragraph 1 using beam trawls. The use of any beam trawl of which the beam length, or of any beam trawls of which the aggregate beam length, measured as the sum of the length of each beam, is greater than nine metres, or can be extended to a length greater than nine metres, shall be prohibited, except when operating with gear having a mesh size between 16 and 31 millimetres. The length of a beam shall be measured between its extremities including all attachments thereto.

(b) Notwithstanding Article 1(2) of Regulation (EC) No 1627/94, special fishing permits for the purposes indicated in (a) may be issued for vessels exceeding eight metres length overall.

(c) Vessels to which a special fishing permit as referred to in (a) and (b) has been issued shall comply with the following criteria: — they must be included in a list to be provided to the Commission by each Member State such that the total engine power of the vessels within each list does not exceed the total engine power in evidence for each Member State at 1 January 1998, — their engine power does not exceed 221 kilowatts (kW) at any time and, in the case of derated engines did not exceed 300 kW before derating.

(d) Any individual vessel on the list may be replaced by another vessel or vessels, provided that: — no replacement will lead to an increase for each Member State in its total engine power indicated in the first indent of (c), — the engine power of any replacement vessel does not exceed 221 kW at any time, — the engine of any replacement vessel is not derated, and — the length overall of any replacement vessel does not exceed 24 metres.

(e) An engine of any individual vessel included in the list for any Member State may be replaced, provided that: — the replacement of an engine does not lead to the vessel's engine power exceeding 221 kW at any time, — the replacement engine is not derated, and — the power of the replacement engine is not such that replacement will lead to an increase in the total engine power as indicated in the first indent of (c) for that Member State.

(f) Fishing vessels which do not comply with the criteria specified in this paragraph shall have their special fishing permit withdrawn.

3. Notwithstanding paragraph 2(a), vessels holding a special fishing permit and whose primary activity is fishing for common shrimp, shall be permitted to use beam trawls of which the aggregate beam length, measured as the sum of the length of each beam, is greater than nine metres when operating with gear having a mesh size between 80 and 99 millimetres, provided that an additional special fishing permit to this effect has been issued to these vessels. This additional special fishing permit shall be annually reviewed.

Any vessel or vessels to which such an additional special fishing permit has been issued may be replaced by another vessel, provided that:

— the replacement vessel does not exceed 70 GRT and does not exceed an overall length of 20 metres, or

— the capacity of the replacement vessel does not exceed 180 kW and that the replacement vessel does not exceed an overall length of 20 metres.

Fishing vessels which cease to comply with the criteria specified in this paragraph shall have their additional special fishing permit permanently withdrawn.

4.

(a) By way of derogation from paragraph 1: — vessels whose engine power does not exceed 221 kW at any time and, in the case of derated engines did not exceed 300 kW before derating, ►M3 shall be authorised to fish in the areas referred to in that paragraph using demersal otter trawls or Danish seine ◄ , — paired vessels whose combined engine power does not exceed 221 kW at any time and, in the case of derated engines did not exceed 300 kW before derating, shall be authorised to fish in said areas using demersal pair trawls.

▼M3

(b) However, vessels whose engine power exceeds 221 kW shall be permitted to use demersal otter trawls or Danish seine, or paired vessels whose combined engine power exceeds 221 kW shall be permitted to use demersal pair trawls, provided that: — the catch of sand eel and/or sprat retained on board and caught in the said areas constitutes at least 90 % of the total live weight of the marine organisms on board and caught in the said areas, and — the quantities of plaice and/or sole retained on board and caught in the said areas do not exceed 2 % of the total live weight of the marine organisms on board and caught in the said areas; — or (i) ►M3 — in the case of demersal otter trawls or demersal pair trawls, the mesh size used is at least 100 millimetres, and ◄ — the quantities of plaice and/or sole retained on board and caught in the said areas do not exceed 5 % of the total weight of the marine organisms on board and caught in the said areas; — or (ii) — the mesh size used is at least 80 millimetres, and — the use of such mesh sizes is restricted to an area within 12 miles of the coast of France north of latitude 51o 00′ N, and — the ►M1 quantities of plaice and/or sole ◄ retained on board and caught in the said areas, do not exceed 5 % of the total live weight of the marine organisms on board and caught in the said areas; — or (iii) ▼M3 (iv) in the case of Danish seine, the mesh size used is at least 100 millimetres. ▼B

5. ►M3 Within areas where beam trawls, otter trawls, bottom pair trawls or Danish seine may not be used ◄ , the carrying on board of such nets shall be prohibited, unless they are lashed and stowed in accordance with the provisions laid down in Article 20(1) of Regulation (EEC) No 2847/93.

6. Detailed rules for the implementation of this Article shall be drawn up in accordance with the procedure laid down in Article 48.

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Article 29a

Closure of an area for sand eel fisheries in ICES sub-area IV

1. It shall be prohibited to land or retain on board sand eels caught within the geographical area bounded by the east coast of England and Scotland, and enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:

— the east coast of England at latitude 55°30′ N,

— latitude 55°30′ N, longitude 01°00′ W,

— latitude 58°00′ N, longitude 01°00′ W,

— latitude 58°00′ N, longitude 02°00′ W,

— the east coast of Scotland at longitude 02°00′ W.

2. Fisheries for scientific investigation shall be allowed in order to monitor the sand eel stock in the area and the effects of the closure.

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Article 29b

Restrictions on fishing for Norway lobster

1. During the periods set out below fishing with:

(i) bottom trawls or similar towed nets operating in contact with the bottom of the sea, and

(ii) creels shall be prohibited in the geographical areas bounded by rhumb lines joining the following positions as measured according to the WGS84 standard: (a) from 1 June to 31 August: latitude 42°23′ N, longitude 08°57′ W latitude 42°00′ N, longitude 08°57′ W latitude 42°00′ N, longitude 09°14′ W latitude 42°04′ N, longitude 09°14′ W latitude 42°09′ N, longitude 09°09′ W latitude 42°12′ N, longitude 09°09′ W latitude 42°23′ N, longitude 09°15′ W latitude 42°23′ N, longitude 08°57′ W; (b) from 1 May to 31 August: latitude 37°45′ N, longitude 09°00′ W latitude 38°10′ N, longitude 09°00′ W latitude 38°10′ N, longitude 09°15′ W latitude 37°45′ N, longitude 09°20′ W.

2. By way of derogation from the prohibition laid down in paragraph 1, fishing with bottom trawls or similar towed nets operating in contact with the bottom of the sea in the geographical areas and during the period set out in paragraph 1(b) shall be authorised provided that the by-catch of Norway lobster does not exceed 2 % of the total weight of the catch.

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3. By way of derogation from the prohibition laid down in paragraph 1, fishing with creels that do not catch Norway lobster shall be authorised in the geographical areas and during the periods set out in that paragraph.

▼M10

4. In the geographical areas and outside the periods referred to in paragraph 1, the by-catch of Norway lobster may not exceed 5 % of the total weight of the catch.

5. In the geographical areas and outside the periods set out in paragraph 1, Member States shall ensure that the fishing effort levels of vessels fishing with bottom trawls or similar towed nets operating in contact with the bottom of the sea do not exceed the levels of fishing effort carried out by the vessels of the Member State concerned during the same periods and in the same geographical areas in 2004.

6. Member States shall communicate to the Commission their measures to fulfil the obligation laid down in paragraph 5. If the Commission finds that the measures of a Member State do not fulfil that obligation, it may propose amendments to those measures. In the absence of agreement on measures between the Commission and the Member State concerned, the Commission may adopt measures in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002 ( 15 ).

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Article 29c

Rockall Haddock box in ICES sub-area VI

1. All fishing of Rockall haddock, except with longlines, shall be prohibited in the areas enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:

— 57°00′ N, 15°00′ W

— 57°00′ N, 14°00′ W

— 56°30′ N, 14°00′ W

— 56°30′ N, 15°00′ W

— 57°00′ N, 15°00′ W.

Article 29d

Restrictions on fishing for cod, haddock and whiting in ICES sub-area VI

1. It shall be prohibited to conduct any fishing activity for cod, haddock and whiting within that part of ICES division VIa that lies to the east or to the south of those rhumb lines which sequentially join the following coordinates, which shall be measured according to the WGS84 system:

— 54°30′ N, 10°35′ W

— 55°20′ N, 09°50′ W

— 55°30′ N, 09°20′ W

— 56°40′ N, 08°55′ W

— 57°00′ N, 09°00′ W

— 57°20′ N, 09°20′ W

— 57°50′ N, 09°20′ W

— 58°10′ N, 09°00′ W

— 58°40′ N, 07°40′ W

— 59°00′ N, 07°30′ W

— 59°20′ N, 06°30′ W

— 59°40′ N, 06°05′ W

— 59°40′ N, 05°30′ W

— 60°00′ N, 04°50′ W

— 60°15′ N, 04°00′ W.

2. Any fishing vessel present within the area referred to in paragraph 1 of this Article shall ensure that any fishing gears carried on board are lashed and stowed in accordance with Article 47 of 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 ( 16 ).

3. By way of derogation from paragraph 1, it shall be permitted to conduct fishing activities within the area referred to in that paragraph using inshore static nets fixed with stakes, scallop dredges, mussel dredges, handlines, mechanised jigging, draft nets and beach seines, pots and creels, provided that:

(a) no fishing gears other than inshore static nets fixed with stakes, scallop dredges, mussel dredges, handlines, mechanised jigging, draft nets and beach seines, pots and creels are carried on board or deployed; and

(b) no fish other than mackerel, pollack, saithe and salmon, or shellfish other than molluscs and crustaceans are retained on board, landed or brought ashore.

4. By way of derogation from paragraph 1, it shall be permitted to conduct fishing activities within the area referred to in that paragraph using nets with a mesh size of less than 55 millimetres, provided that:

(a) no net of mesh size greater than or equal to 55 millimetres is carried on board; and

(b) no fish other than herring, mackerel, pilchard/sardines, sardinelles, horse mackerel, sprat, blue whiting, boarfish and argentines are retained on board.

5. By way of derogation from paragraph 1, it shall be permitted to conduct fishing activities within the area referred to in that paragraph using gillnets of mesh size greater than 120 millimetres, provided that:

(a) they are only deployed in the area south of 59° N;

(b) the maximum length of gillnet deployed is 20 km per vessel;

(c) the maximum soak time is 24 hours; and

(d) no more than 5 % of the catch is made up of whiting and cod.

6. By way of derogation from paragraph 1, it shall be permitted to conduct fishing activities within the area referred to in that paragraph using gillnets with a mesh size that is greater than 90 millimetres, provided that:

(a) they are only deployed within 3 nautical miles of the coastline and for a maximum of 10 days per calendar month;

(b) the maximum length of gillnet deployed is 1 000 metres;

(c) the maximum soak time is 24 hours; and

(d) at least 70 % of the catch is made up of lesser spotted dogfish.

7. By way of derogation from paragraph 1, it shall be permitted to fish for Norway lobster within the area set out in that paragraph, provided that:

(a) the fishing gear used incorporates a sorting grid in accordance with points 2 to 5 of Annex XIVa, or a square-mesh panel as described in Annex XIVc, or is another gear with equivalent high selectivity;

(b) the fishing gear is constructed with a minimum mesh size of 80 millimetres;

(c) at least 30 % of the retained catch by weight is Norway lobster.

The Commission shall, on the basis of a favourable opinion by STECF, adopt implementing acts, determining which gears are to be considered to have equivalent high selectivity for the purpose of point (a).

8. Paragraph 7 shall not apply within the area enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:

— 59°05′ N, 06°45′ W

— 59°30′ N, 06°00′ W

— 59°40′ N, 05°00′ W

— 60°00′ N, 04°00′ W

— 59°30′ N, 04°00′ W

— 59°05′ N, 06°45′ W.

9. By way of derogation from paragraph 1, it shall be permitted to fish with trawls, demersal seines or similar gears within the area set out in that paragraph, provided that:

(a) all nets on board the vessel are constructed with a minimum mesh size of 120 millimetres for vessels with an overall length of more than 15 metres and of 110 millimetres for all other vessels;

(b) where the catch retained on board includes less than 90 % saithe the fishing gear used incorporates a square mesh panel as described in Annex XIVc; and

(c) where the overall length of the vessel is less than or equal to 15 metres, regardless of the quantity of saithe retained on board, the fishing gear used incorporates a square-mesh panel as described in Annex XIVd.

10. No later than 1 January 2015 and no later than every two years thereafter, the Commission shall, in the light of scientific advice by STECF, assess the characteristics of gears specified in paragraph 9 and, where appropriate, submit to the European Parliament and to the Council a proposal for amendment of paragraph 9.

11. Paragraph 9 shall not apply within the area enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:

— 59°05′ N, 06°45′ W

— 59°30′ N, 06°00′ W

— 59°40′ N, 05°00′ W

— 60°00′ N, 04°00′ W

— 59°30′ N, 04°00′ W

— 59°05′ N, 06°45′ W.

12. From 1 January to 31 March, and from 1 October to 31 December each year, it shall be prohibited to conduct any fishing activity using any of the gears specified in Annex I to Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks ( 17 ) in the area specified in ICES area VIa enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:

— 55°25′ N, 07°07′ W

— 55°25′ N, 07°00′ W

— 55°18′ N, 06°50′ W

— 55°17′ N, 06°50′ W

— 55°17′ N, 06°52′ W

— 55°25′ N, 07°07′ W.

Neither the master of a fishing vessel nor any other person on board shall cause or permit a person on board to attempt to fish for, land, tranship or have on board fish caught in the specified area.

13. Each Member State concerned shall implement an onboard observer programme from 1 January to 31 December each year in order to sample the catches and discards of vessels benefiting from the derogations provided for in paragraphs 5, 6, 7 and 9. The observer programmes shall be carried out without prejudice to the obligations under the respective rules and shall aim to estimate cod, haddock and whiting catches and discards with a precision of at least 20 %.

14. Member States concerned shall produce a report on the total amount of catches and discards made by vessels subject to the observer programme during each calendar year and shall submit it to the Commission no later than 1 February of the following calendar year.

15. No later than 1 January 2015 and no later than every two years thereafter, the Commission shall assess the state of cod, haddock and whiting stocks in the area specified in paragraph 1 in the light of scientific advice by STECF and, where appropriate, submit to the European Parliament and the Council a proposal for the amendment of this Article.

Article 29e

Restrictions on fishing for cod in ICES sub-area VII

1. From 1 February until 31 March each year, it shall be prohibited to conduct any fishing activity in ICES sub-area VII in the area which consists of ICES statistical rectangles: 30E4, 31E4, 32E3. This prohibition shall not apply within 6 nautical miles from the baseline.

2. By way of derogation from paragraph 1, it shall be permitted to conduct fishing activities using inshore static nets fixed with stakes, scallop dredges, mussel dredges, draft nets and beach seines, handlines, mechanised jigging, pots and creels within the area and time periods referred to in that paragraph, provided that:

(a) no fishing gears other than inshore static nets fixed with stakes, scallop dredges, mussel dredges, draft nets and beach seines, handlines, mechanised jigging, pots and creels are carried on board or deployed; and

(b) no fish other than mackerel, pollack, salmon, or shellfish other than molluscs and crustaceans are landed, retained on board or brought ashore.

3. By way of derogation from paragraph 1, it shall be permitted to conduct fishing activities within the area referred to in that paragraph using nets of mesh size less than 55 millimetres, provided that:

(a) no net of mesh size greater than or equal to 55 millimetres is carried on board; and

(b) no fish other than herring, mackerel, pilchard/sardines, sardinelles, horse mackerel, sprat, blue whiting, boarfish and argentines are retained on board.

Article 29f

Special rules for the protection of blue ling

1. From 1 March to 31 May each year it shall be prohibited to retain on board any quantity of blue ling in excess of 6 tonnes per fishing trip in the areas of ICES division VIa enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:

(a) Edge of Scottish continental shelf — 59°58′ N, 07°00′ W — 59°55′ N, 06°47′ W — 59°51′ N, 06°28′ W — 59°45′ N, 06°38′ W — 59°27′ N, 06°42′ W — 59°22′ N, 06°47′ W — 59°15′ N, 07°15′ W — 59°07′ N, 07°31′ W — 58°52′ N, 07°44′ W — 58°44′ N, 08°11′ W — 58°43′ N, 08°27′ W — 58°28′ N, 09°16′ W — 58°15′ N, 09°32′ W — 58°15′ N, 09°45′ W — 58°30′ N, 09°45′ W — 59°30′ N, 07°00′ W — 59°58′ N, 07°00′ W;

(b) Edge of Rosemary bank — 60°00′ N, 11°00′ W — 59°00′ N, 11°00′ W — 59°00′ N, 09°00′ W — 59°30′ N, 09°00′ W — 59°30′ N, 10°00′ W — 60°00′ N, 10°00′ W — 60°00′ N, 11°00′ W

Not including the area enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:

— 59°15′ N, 10°24′ W

— 59°10′ N, 10°22′ W

— 59°08′ N, 10°07′ W

— 59°11′ N, 09°59′ W

— 59°15′ N, 09°58′ W

— 59°22′ N, 10°02′ W

— 59°23′ N, 10°11′ W

— 59°20′ N, 10°19′ W

— 59°15′ N, 10°24′ W.

2. When entering and exiting the areas referred to in paragraph 1, the master of a fishing vessel shall record the date, time and place of entry and exit in the logbook.

3. In either of the two areas referred to in paragraph 1, if a vessel reaches the 6 tonnes of blue ling:

(a) it shall immediately cease fishing and exit the area in which it is present;

(b) it may not re-enter either of the areas until its catch has been landed;

(c) it may not return to the sea any quantity of blue ling.

4. The observers referred to in Article 8 of Council Regulation (EC) No 2347/2002 of 16 December 2002 establishing specific access requirements and associated conditions applicable to fishing for deep-sea stocks ( 18 ) who are assigned to fishing vessels present in one of the areas referred to in paragraph 1 shall, in addition to the tasks referred to in paragraph 4 of that Article, for appropriate samples of the catches of blue ling, measure the fish in the samples and determine the stage of sexual maturity of subsampled fish. On the basis of advice from STECF, Member States shall establish detailed protocols for sampling and for the collation of results.

5. From 15 February to 15 April each year, it shall be prohibited to use bottom trawls, longlines and gillnets within an area enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:

— 60°58.76′ N, 27°27.32′ W

— 60°56.02′ N, 27°31.16′ W

— 60°59.76′ N, 27°43.48′ W

— 61°03.00′ N, 27°39.41′ W

— 60°58.76′ N, 27°27.32′ W.

Article 29g

Measures for the redfish fishery in international waters of ICES sub-areas I and II

1. Directed fishing for redfish in the international waters of ICES sub-areas I and II shall only be permitted within the period from 1 July to 31 December each year by vessels which have previously been engaged in the redfish fishery in the NEAFC Regulatory Area, as defined in Article 3(3) of Regulation (EU) No 1236/2010 of the European Parliament and of the Council of 15 December 2010 laying down a scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries ( 19 ).

2. Vessels shall limit their by-catches of redfish in other fisheries to a maximum of 1 % of the total catch retained on board.

3. The conversion factor to be applied to the gutted and headed presentation, including the Japanese cut presentation, of redfish caught in this fishery shall be 1,70.

4. By way of derogation from Article 9(1)(b) of Regulation (EU) No 1236/2010, masters of fishing vessels engaged in this fishery shall report their catches on a daily basis.

5. In addition to the provisions of Article 5 of Regulation (EU) No 1236/2010, an authorisation to fish for redfish shall only be valid if the reports transmitted by vessels are in accordance with Article 9(1) of that Regulation and are recorded in accordance with Article 9(3) thereof.

6. Member States shall ensure that scientific information is collected by scientific observers on board vessels flying their flag. As a minimum, the information collected shall include representative data on sex, age and length composition by depths. This information shall be reported to ICES by the competent authorities in the Member States.

7. The Commission shall inform Member States of the date on which the NEAFC Secretariat notifies the NEAFC Contracting Parties that the total allowable catch (TAC) has been fully utilised. Member States shall prohibit directed fishery for redfish by vessels flying their flag from that date.

Article 29h

Measures for the redfish fishery in the Irminger Sea and adjacent waters

1. It shall be prohibited to catch redfish in international waters of ICES sub-area V and Union waters of ICES sub-areas XII and XIV.

By way of derogation from the first subparagraph, it shall be permitted to catch redfish from 11 May to 31 December in the area enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system (the ‘Redfish Conservation Area’):

— 64°45′ N, 28°30′ W

— 62°50′ N, 25°45′ W

— 61°55′ N, 26°45′ W

— 61°00′ N, 26°30′ W

— 59°00′ N, 30°00′ W

— 59°00′ N, 34°00′ W

— 61°30′ N, 34°00′ W

— 62°50′ N, 36°00′ W

— 64°45′ N, 28°30′ W.

2. Notwithstanding paragraph 1, a fishery for redfish may be permitted, by a Union legal act, outside the Redfish Conservation Area in the Irminger Sea and adjacent waters from 11 May to 31 December each year on the basis of scientific advice and provided that NEAFC has established a recovery plan in respect of redfish in that geographical area. Only Union vessels that have been duly authorised by their respective Member State and notified to the Commission as required under Article 5 of Regulation (EU) No 1236/2010 shall participate in this fishery.

3. It shall be prohibited to use trawls with a mesh size of less than 100 millimetres.

4. The conversion factor to be applied to the gutted and headed presentation, including the Japanese cut presentation, of redfish caught in this fishery shall be 1,70.

5. Masters of fishing vessels engaged in the fishery outside the Redfish Conservation Area shall transmit the catch report provided for in Article 9(1)(b) of Regulation (EU) No 1236/2010 on a daily basis after the fishing operations of that calendar day have been completed. It shall indicate the catches on board taken since the last communication of catches.

6. In addition to the provisions of Article 5 of Regulation (EU) No 1236/2010, an authorisation to fish for redfish shall only be valid if the reports transmitted by vessels are in accordance with Article 9(1) of that Regulation and are recorded in accordance with Article 9(3) thereof.

7. The reports referred to in paragraph 6 shall be made in accordance with the relevant rules.

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TITLE V

RESTRICTIONS ON CERTAIN TYPES OF FISHING AND ASSOCIATED ACTIVITIES

Article 30

Restrictions on the use of demersal towed gears

1. Vessels shall be prohibited from having on board or using any beam trawl of which the beam length, or any beam trawls of which the aggregate beam length measured as the sum of the length of each beam, is greater than 24 metres or can be extended to a length greater than 24 metres. The length of a beam shall be measured between its extremities including all attachments thereto.

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1a. Paragraph 1 shall not apply to Region 9.

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2. Vessels shall be prohibited from using any beam trawl of which the mesh size lies between 32 and 99 millimetres within either of the following geographical areas:

(a) the North Sea north of a line joined by the following points: — a point on the east coast of the United Kingdom at latitude 55o N, — then east to latitude 55o N, longitude 5o E, — then north to latitude 56o N, — and finally east to a point on the west coast of Denmark at latitude 56o N;

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(b) ICES Division Vb and ICES sub-area VI north of latitude 56oN.

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Within the areas mentioned under (a) and (b), the keeping on board of any beam trawl of which the mesh size lies between 32 and 99 millimetres shall be prohibited, unless such a net is lashed and stowed in accordance with the provisions laid down in Article 20(1) of Regulation (EEC) No 2847/93.

3. Vessels shall be prohibited from using any demersal otter trawl, demersal pair trawl or Danish seine of which the mesh size lies between 80 and 99 millimetres within the geographical area set out in paragraph 2(a). Within this area, the keeping on board of any demersal otter trawl, demersal pair trawl or Danish seine of which the mesh size lies between 80 and 99 millimetres shall be prohibited, unless such a net is lashed and stowed in accordance with the provisions laid down in Article 20(1) of Regulation (EEC) No 2847/93.

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4. Vessels shall be prohibited from using any bottom trawl or similar towed nets operating in contact with the bottom of the sea in the area bounded by a line joining the following coordinates:







Latitude 59o54 N Longitude 6o55 W Latitude 59o47 N Longitude 6o47 W Latitude 59o37 N Longitude 6o47 W Latitude 59o37 N Longitude 7o39 W Latitude 59o45 N Longitude 7o39 W Latitude 59o54 N Longitude 7o25 W.

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5. Vessels shall be prohibited from using any gillnet, entangling net or trammel net at depths greater than 200 metres and any bottom trawl or similar towed nets operating in contact with the bottom of the sea in the areas bounded by a line joining the following coordinates:

(a) area named ‘Madeira and Canaries’



Latitude 27° 00′ N longitude 19° 00′ W Latitude 26° 00′ N longitude 15° 00′ W Latitude 29° 00′ N longitude 13° 00′ W Latitude 36° 00′ N longitude 13° 00′ W Latitude 36° 00′ N longitude 19° 00′ W

(b) area named ‘Azores’



Latitude 36° 00′ N longitude 23° 00′ W Latitude 39° 00′ N longitude 23° 00′ W Latitude 42° 00′ N longitude 26° 00′ W Latitude 42° 00′ N longitude 31° 00′ W Latitude 39° 00′ N longitude 34° 00′ W Latitude 36° 00′ N longitude 34° 00′ W.

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Article 31

Unconventional fishing methods

1. The catching of marine organisms using methods incorporating the use of explosives, poisonous or stupefying substances or electric current shall be prohibited.

2. The sale, display or offer for sale of marine organisms caught using methods incorporating the use of any kind of projectile shall be prohibited.

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Article 31a

Electric fishing in ICES divisions IVc and IVb

1. By way of derogation from Article 31, fishing with beam trawl using electrical pulse current shall be allowed in ICES divisions IVc and IVb south of a rhumb line joined by the following points, which shall be measured according to the WGS84 coordinate system:

— a point on the east coast of the United Kingdom at latitude 55° N,

— then east to latitude 55° N, longitude 5° E,

— then north to latitude 56° N,

— and finally east to a point on the west coast of Denmark at latitude 56° N.

2. Electrical pulse fishing shall be allowed only when:

(a) no more than 5 % of the beam trawler fleet per Member State use the electric pulse trawl;

(b) the maximum electrical power in kW for each beam trawl is no more than the length in metres of the beam multiplied by 1,25;

(c) the effective voltage between the electrodes is no more than 15 V;

(d) the vessel is equipped with an automatic computer management system which records the maximum power used per beam and the effective voltage between electrodes for at least the last 100 tows. It is not possible for non-authorised personnel to modify this automatic computer management system;

(e) it is prohibited to use one or more tickler chains in front of the footrope.

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Article 32

Restrictions on the use of automatic grading equipment

1. The carrying or use on board a fishing vessel of equipment which is capable of automatically grading by size or by sex herring or mackerel or horse mackerel shall be prohibited.

2. However, the carrying and use of such equipment shall be permitted provided that:

(a) the vessel does not simultaneously carry or use on board either towed gear of mesh size less than 70 millimetres or one or more purse seines or similar fishing gears; or

(i) the whole of the catch which may be lawfully retained on board is stored in a frozen state, the graded fish are frozen immediately after grading and no graded fish are returned to the sea except as required by Article 19; and (ii) the equipment is installed and located on the vessel in such a way as to ensure immediate freezing and not to allow the return of marine organisms to the sea. (b)

3. Any vessel authorised to fish in the Baltic, Belts or Sound may carry automatic grading equipment in the Kattegat provided that a special fishing permit has been issued to that effect.

The special fishing permit shall define the species, areas, time periods and any other required conditions applicable to the use and carriage on board of the grading equipment.

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Article 32a

Catch handling and discharge restrictions on pelagic vessels

1. The maximum space between bars in the water separator on board pelagic fishing vessels targeting mackerel, herring and horse mackerel operating in the NEAFC Convention Area as defined in Article 3(2) of Regulation (EU) No 1236/2010 shall be 10 millimetres.

The bars shall be welded in place. If holes are used in the water separator instead of bars, the maximum diameter of the holes shall not exceed 10 millimetres. Holes in the chutes before the water separator shall not exceed 15 millimetres in diameter.

2. Pelagic vessels operating in the NEAFC Convention Area shall be prohibited from discharging fish under their water line from buffer tanks or Refrigerated seawater (RSW) tanks.

3. Drawings related to the catch handling and discharge capabilities of pelagic vessels targeting mackerel, herring and horse mackerel in the NEAFC Convention Area which are certified by the competent authorities of the flag Member States, as well as any modifications thereto, shall be sent by the master of the vessel to the competent fisheries authorities of the flag Member State. The competent authorities of the flag Member State of the vessels shall carry out periodic verifications of the accuracy of the drawings submitted. Copies shall be carried on board the vessel at all times.

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Article 34

Restrictions on fishing activities in the 12-mile zone around the United Kingdom and Ireland

1. Vessels shall be prohibited from using any beam trawl inside the areas within 12 miles of the coasts of the United Kingdom and Ireland, measured from the baselines from which the territorial waters are measured.

2. However, vessels in any of the following categories are authorised to fish in the areas referred to in paragraph 1 using beam trawls:

(a) a vessel which entered into service before 1 January 1987, and whose engine power does not exceed 221 kW, and in the case of derated engines did not exceed 300 kW before derating;

(b) a vessel which entered into service after 31 December 1986 whose engine is not derated, whose engine power does not exceed 221 kW, and whose length overall does not exceed 24 metres;

(c) a vessel which had its engine replaced after 31 December 1986 with an engine which is not derated and whose power does not exceed 221 kW.

3. Notwithstanding paragraph 2, the use of any beam trawl of which the beam length, or of any beam trawls of which the aggregate beam length, measured as the sum of the length of each beam, is greater than nine metres or can be extended to a length greater than nine metres, shall be prohibited, except when operating with gear having a mesh size between 16 and 31 millimetres. The length of a beam shall be measured between its extremities including all attachments thereto.

4. Fishing vessels which do not comply with the criteria specified in paragraphs 2 and 3 shall not be allowed to engage in the fishing activities referred to in those paragraphs.

5. Vessels which may not use beam trawls shall be prohibited from carrying on board such nets within the areas referred to in this Article, unless they are lashed and stowed in accordance with the provisions laid down in Article 20(1) of Regulation (EEC) No 2847/93.

6. Detailed rules for the implementation of this Article shall be drawn up in accordance with the procedure laid down in Article 48.

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Article 34a

Technical conservation measures in the Irish Sea

1. From 14 February to 30 April, it shall be prohibited to use any demersal trawl, seine or similar towed net, any gillnet, trammel net, entangling net or similar static net or any fishing gear incorporating hooks within that part of ICES division VIIa enclosed by:

— the east coast of Ireland and the east coast of Northern Ireland, and

— straight lines sequentially joining the following geographical coordinates: — — a point on the east coast of the Ards peninsula in Northern Ireland at 54°30′ N, — 54°30′ N, 04°50′ W, — 53°15′ N, 04°50′ W, — a point on the east coast of Ireland at 53°15′ N.

2. By way of derogation from paragraph 1, within the area and time period referred to in that paragraph:

(a) the use of demersal otter trawls shall be permitted, provided that no other type of fishing gear is retained on board and that such nets: — are of the mesh size ranges 70-79 millimetres or 80-99 millimetres, — are of only one of the permitted mesh size ranges, — incorporate no individual mesh, irrespective of its position within the net, with a mesh size greater than 300 millimetres, and — are deployed only within an area enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system: — — 53°30′ N, 05°30′ W — 53°30′ N, 05°20′ W — 54°20′ N, 04°50′ W — 54°30′ N, 05°10′ W — 54°30′ N, 05°20′ W — 54°00′ N, 05°50′ W — 54°00′ N, 06°10′ W — 53°45′ N, 06°10′ W — 53°45′ N, 05°30′ W — 53°30′ N, 05°30′ W;

(b) the use of any demersal trawl, seine or similar towed net with a separator panel or a sorting grid shall be permitted, provided that no other type of fishing gear is retained on board and that such nets: — comply with the conditions laid down in point (a), — in the case of a separator panel, are constructed in conformity with the technical details provided in the Annex of Council Regulation (EC) No 254/2002 of 12 February 2002 establishing measures to be applicable in 2002 for the recovery of the stock of cod in the Irish Sea (ICES) division VIIa) ( 20 ), and — in the case of sorting grids, are in accordance with points 2 to 5 of Annex XIVa to this Regulation;

(c) the use of demersal trawl, seine or similar towed net with a separator panel or a sorting grid shall also be permitted within an area enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system: — 53°45′ N, 06°00′ W — 53°45′ N, 05°30′ W — 53°30′ N, 05°30′ W — 53°30′ N, 06°00′ W — 53°45′ N, 06°00′ W.

Article 34b

Use of gillnets in ICES divisions IIIa, IVa, Vb, VIa, VIb, VIIb, c, j, k and ICES sub-areas VIII, IX, X and XII east of 27° W

1. Union vessels shall not deploy bottom set gillnets, entangling nets and trammel nets at any position where the charted depth is greater than 200 metres in ICES divisions IIIa, IVa, Vb, VIa, VIb, VII b, c, j, k and ICES sub-areas VIII, IX and X and XII east of 27° W.

2. By way of derogation from paragraph 1, it shall be permitted to use the following gears:

(a) Gillnets in ICES divisions IIIa, IVa, Vb, VIa, VIb, VII b, c, j, k and ICES sub-area XII east of 27° W with a mesh size equal to or greater than 120 millimetres and less than 150 millimetres, gillnets in ICES divisions VIIIa, b, d and ICES sub-area X with a mesh size equal to or greater than 100 millimetres and less than 130 millimetres and gillnets in ICES divisions VIIIc and ICES sub-area IX with a mesh size equal to or greater than 80 millimetres and less than 110 millimetres, provided that: — they are deployed in waters with a charted depth of less than 600 metres, — they are no more than 100 meshes deep, and have a hanging ratio of not less than 0,5, — they are rigged with floats or equivalent flotation, — they each have a maximum length of 5 nautical miles, and the total length of all nets deployed at any one time does not exceed 25 km per vessel, — the maximum soak time is 24 hours;

(b) Entangling nets with a mesh size equal to or greater than 250 millimetres, provided that: — they are deployed in waters with a charted depth of less than 600 metres, — they are no more than 15 meshes deep, and have a hanging ratio of not less than 0,33, — they are not rigged with floats or other means of floatation, — they each have a maximum length of 10 km, and the total length of all nets deployed at any one time does not exceed 100 km per vessel, — the maximum soak time is 72 hours;

(c) Gillnets in ICES divisions IIIa, IVa, Vb, VIa, VIb, VIIb, c, j, k and ICES sub-area XII east of 27° W with a mesh size equal to or greater than 100 millimetres and less than 130 millimetres, provided that: — they are deployed in waters with a charted depth of more than 200 metres and less than 600 metres, — they are no more than 100 meshes deep, and have a hanging ratio of not less than 0,5, — they are rigged with floats or equivalent floatation, — they each have a maximum length of 4 nautical miles, and the total length of all nets deployed at any one time does not exceed 20 km per vessel, — the maximum soak time is 24 hours, — no less than 85 % of the retained catch by weight is hake, — the number of vessels participating in the fishery does not rise above the level recorded in 2008, — prior to leaving port the master of the vessel participating in this fishery records in the log-book, the quantity and total length of gear carried on board the vessel. At least 15 % of departures shall be subject to inspection, — as verified in the Union logbook for that trip at the time of landing the master of the vessel has on board 90 % of the gear, and — the quantity of all species caught greater than 50 kg, including all quantities discarded greater than 50 kg, is recorded in the Union logbook;

(d) Trammel nets in ICES sub-area IX with a mesh size equal to or greater than 220 millimetres, provided that: — they are deployed in waters with a charted depth of less than 600 metres, — they are no more than 30 meshes deep, and have a hanging ratio of not less than 0,44, — they are not rigged with floats or other means of floatation, — they each have a maximum length of 5 km, and the total length of all nets deployed at any one time does not exceed 20 km per vessel, — the maximum soak time is 72 hours.

3. However, this derogation shall not apply in the NEAFC Regulatory Area.

4. All vessels deploying bottom set gillnets, entangling or trammel nets at any position where the charted depth is greater than 200 metres in ICES divisions IIIa, IVa, Vb, VIa, VIb, VII b, c, j, k and ICES sub-areas XII east of 27° W, VIII, IX and X, shall be issued with a fishing authorisation in accordance with Article 7 of Regulation (EC) No 1224/2009.

5. Only one of the types of gear described in paragraph 2(a), (b) or (d) shall be retained on board the vessel at any one time. Vessels may carry on board nets with a total length that is 20 % greater than the maximum length of the fleets that may be deployed at any one time.

6. The master of a vessel with a fishing authorisation referred to in paragraph 4 shall record in the logbook the amount and lengths of gear carried by a vessel before it leaves port and when it returns to port, and shall account for any discrepancy between the two quantities.

7. The competent authorities shall have the right to remove unattended gear at sea in ICES divisions IIIa, IVa, Vb, VIa, VIb, VII b, c, j, k and ICES sub-areas XII east of 27° W, VIII, IX and X, in the following situations:

(a) the gear is not properly marked;

(b) the buoy markings or VMS data indicate that the owner has not been located at a distance less than 100 nautical miles from the gear for more than 120 hours;

(c) the gear is deployed in waters with a charted depth greater than that which is permitted;

(d) the gear is of an illegal mesh size.

8. The master of a vessel with a fishing authorisation referred to in paragraph 4 shall record in the logbook the following information during each fishing trip:

— the mesh size of the net deployed,

— the nominal length of one net,

— the number of nets in a fleet,

— the total number of fleets deployed,

— the position of each fleet deployed,

— the depth of each fleet deployed,

— the soak time of each fleet deployed,

— the quantity of any gear lost, its last known position and date of loss.

9. Vessels fishing with a fishing authorisation referred to in paragraph 4 shall only be permitted to land in the ports designated by the Member States pursuant to Article 7 of Regulation (EC) 2347/2002.

10. The quantity of sharks retained on board by any vessel using the gear type described in paragraph 2(b) and (d) shall be no more than 5 %, by live-weight, of the total quantity of marine organisms retained on board.

11. After consulting STECF, the Commission may adopt implementing acts excluding specific fisheries of a Member State, in ICES sub-areas VIII, IX and X, from the application of paragraphs 1 to 9, where information provided by Member States shows that those fisheries result in a very low level of shark by-catches and of discards.

Article 34c

Condition for fisheries using certain towed gears authorised in the Bay of Biscay

1. By way of derogation from the provisions laid down in Article 5(2) of Commission Regulation (EC) No 494/2002 of 19 March 2002 establishing additional technical measures for the recovery of the stock of hake in ICES sub-areas III, IV, V, VI and VII and ICES divisions VIIIa, b, d and e ( 21 ), it shall be permitted to conduct fishing activity using trawls, Danish seines and similar gears, with the exception of beam trawls, with a mesh size range of 70-99 millimetres in the area defined in Article 5(1)(b) of Regulation (EC) No 494/2002 if the gear is fitted with a square mesh panel in accordance with Annex XIVb.

2. When fishing in ICES divisions VIII a and b, it shall be permitted to use a selective grid and its attachments in front of the codend and/or a square mesh panel with a mesh size equal to or more than 60 millimetres in the lower part of the extension piece in front of the codend. The provisions laid down in Article 4(1), Article 6 and Article 9(1) of this Regulation and in Article 3(a) and (b) of Regulation (EC) No 494/2002 shall not apply to the section of the trawl where those selective devices are inserted.

Article 34d

Measures for the protection of vulnerable deep-sea habitats in the NEAFC Regulatory Area

1. It shall be prohibited to conduct bottom trawling and fishing with static gear, including bottom set gillnets and bottom set longlines, within the areas enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:

Part of the Reykjanes Ridge: — 55°04.5327′ N, 36°49.0135′ W — 55°05.4804′ N, 35°58.9784′ W — 54°58.9914′ N, 34°41.3634′ W — 54°41.1841′ N, 34°00.0514′ W — 54°00′ N, 34°00′ W — 53°54.6406′ N, 34°49.9842′ W — 53°58.9668′ N, 36°39.1260′ W — 55°04.5327′ N, 36°49.0135′ W

Northern MAR Area: — 59°45′ N, 33°30′ W — 57°30′ N, 27°30′ W — 56°45′ N, 28°30′ W — 59°15′ N, 34°30′ W — 59°45′ N, 33°30′ W

Middle MAR Area (Charlie-Gibbs Fracture zone and Subpolar Frontal Region): — 53°30′ N, 38°00′ W — 53°30′ N, 36°49′ W — 55°04.5327′ N, 36°49′ W — 54°58.9914′ N, 34°41.3634′ W — 54°41.1841′ N, 34°00′ W — 53°30′ N, 30°00′ W — 51°30′ N, 28°00′ W — 49°00′ N, 26°30′ W — 49°00′ N, 30°30′ W — 51°30′ N, 32°00′ W — 51°30′ N, 38°00′ W — 53°30′ N, 38°00′ W

Southern MAR Area: — 44°30′ N, 30°30′ W — 44°30′ N, 27°00′ W — 43°15′ N, 27°15′ W — 43°15′ N, 31°00′ W — 44°30′ N, 30°30′ W

The Altair Seamounts: — 45°00′ N, 34°35′ W — 45°00′ N, 33°45′ W — 44°25′ N, 33°45′ W — 44°25′ N, 34°35′ W — 45°00′ N, 34°35′ W

The Antialtair Seamounts: — 43°45′ N, 22°50′ W — 43°45′ N, 22°05′ W — 43°25′ N, 22°05′ W — 43°25′ N, 22°50′ W — 43°45′ N, 22°50′ W

Hatton Bank: — 59°26′ N, 14°30′ W — 59°12′ N, 15°08′ W — 59°01′ N, 17°00′ W — 58°50′ N, 17°38′ W — 58°30′ N, 17°52′ W — 58°30′ N, 18°22′ W — 58°03′ N, 18°22′ W — 58°03′ N, 17°30′ W — 57°55′ N, 17°30′ W — 57°45′ N, 19°15′ W — 58°11.15′ N, 18°57.51′ W — 58°11.57′ N, 19°11.97′ W — 58°27.75′ N, 19°11.65′ W — 58°39.09′ N, 19°14.28′ W — 58°38.11′ N, 19°01.29′ W — 58°53.14′ N, 18°43.54′ W — 59°00.29′ N, 18°01.31′ W — 59°08.01′ N, 17°49.31′ W — 59°08.75′ N, 18°01.47′ W — 59°15.16′ N, 18°01.56′ W — 59°24.17′ N, 17°31.22′ W — 59°21.77′ N, 17°15.36′ W — 59°26.91′ N, 17°01.66′ W — 59°42.69′ N, 16°45.96′ W — 59°20.97′ N, 15°44.75′ W — 59°21′ N, 15°40′ W — 59°26′ N, 14°30′ W

North-West Rockall: — 57°00′ N, 14°53′ W — 57°37′ N, 14°42′ W — 57°55′ N, 14°24′ W — 58°15′ N, 13°50′ W — 57°57′ N, 13°09′ W — 57°50′ N, 13°14′ W — 57°57′ N, 13°45′ W — 57°49′ N, 14°06′ W — 57°29′ N, 14°19′ W — 57°22′ N, 14°19′ W — 57°00′ N, 14°34′ W — 56°56′ N, 14°36′ W — 56°56′ N, 14°51′ W — 57°00′ N, 14°53′ W

South-West Rockall (Empress of Britain Bank): — 56°24′ N, 15°37′ W — 56°21′ N, 14°58′ W — 56°04′ N, 15°10′ W — 55°51′ N, 15°37′ W — 56°10′ N, 15°52′ W — 56°24′ N, 15°37′ W

Logachev Mound: — 55°17′ N, 16°10′ W — 55°34′ N, 15°07′ W — 55°50′ N, 15°15′ W — 55°33′ N, 16°16′ W — 55°17′ N, 16°10′ W

West Rockall Mound: — 57°20′ N, 16°30′ W — 57°05′ N, 15°58′ W — 56°21′ N, 17°17′ W — 56°40′ N, 17°50′ W — 57°20′ N, 16°30′ W

2. Where, in the course of fishing operations in new and existing bottom fishing areas within the NEAFC Regulatory Area, the quantity of live coral or live sponge caught per gear set exceeds 60 kg of live coral and/or 800 kg of live sponge, the vessel shall inform its flag State, cease fishing and move at least 2 nautical miles away from the position that the evidence suggests is closest to the exact location where this catch was made.

Article 34e

Measures for the protection of vulnerable deep-sea habitats in ICES divisions VIIc, j and k

1. It shall be prohibited to conduct bottom trawling and fishing with static gear, including bottom set gillnets and bottom set longlines, within the areas enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 coordinate system:

Belgica Mound Province: — 51°29.4′ N, 11°51.6′ W — 51°32.4′ N, 11°41.4′ W — 51°15.6′ N, 11°33.0′ W — 51°13.8′ N, 11°44.4′ W — 51°29.4′ N, 11°51.6′ W

Hovland Mound Province: — 52°16.2′ N, 13°12.6′ W — 52°24.0′ N, 12°58.2′ W — 52°16.8′ N, 12°54.0′ W — 52°16.8′ N, 12°29.4′ W — 52°04.2′ N, 12°29.4′ W — 52°04.2′ N, 12°52.8′ W — 52°09.0′ N, 12°56.4′ W — 52°09.0′ N, 13°10.8′ W — 52°16.2′ N, 13°12.6′ W

North-West Porcupine Bank Area I: — 53°30.6′ N, 14°32.4′ W — 53°35.4′ N, 14°27.6′ W — 53°40.8′ N, 14°15.6′ W — 53°34.2′ N, 14°11.4′ W — 53°31.8′ N, 14°14.4′ W — 53°24.0′ N, 14°28.8′ W — 53°30.6′ N, 14°32.4′ W

North-West Porcupine Bank Area II: — 53°43.2′ N, 14°10.8′ W — 53°51.6′ N, 13°53.4′ W — 53°45.6′ N, 13°49.8′ W — 53°36.6′ N, 14°07.2′ W — 53°43.2′ N, 14°10.8′ W

South-West Porcupine Bank: — 51°54.6′ N, 15°07.2′ W — 51°54.6′ N, 14°55.2′ W — 51°42.0′ N, 14°55.2′ W — 51°42.0′ N, 15°10.2′ W — 51°49.2′ N, 15°06.0′ W — 51°54.6′ N, 15°07.2′ W

2. All pelagic vessels fishing in the areas for the protection of vulnerable deep-sea habitats set out in paragraph 1 of this Article shall be on a list of authorised vessels and be issued with a fishing authorisation in accordance with Article 7 of Regulation (EC) No 1224/2009. Vessels included in the list of authorised vessels shall carry on board exclusively pelagic gear.

3. Pelagic vessels intending to fish in an area for the protection of vulnerable deep-sea habitats as set out in paragraph 1 of this Article shall give four hours advance notification of their intention to enter an area for the protection of vulnerable deep-sea habitats to the Irish Fisheries Monitoring Centre (FMC) as defined in Article 4(15) of Regulation (EC) No 1224/2009. They shall at the same time notify quantities of fish retained on board.

4. Pelagic vessels fishing in an area for the protection of vulnerable deep-sea habitats as set out in paragraph 1 shall have an operational, fully functioning secure Vessel Monitoring System (VMS) which complies fully with the respective rules when present in an area for the protection of vulnerable deep-sea habitats.

5. Pelagic vessels fishing in an area for the protection of vulnerable deep-sea habitats as set out in paragraph 1 shall make VMS reports every hour.

6. Pelagic vessels who have concluded fishing in an area for the protection of vulnerable deep-sea habitats as set out in paragraph 1 shall inform the Irish FMC on departure from the area. They shall at the same time notify quantities of fish retained on board.

7. Fishing for pelagic species in an area for the protection of vulnerable deep-sea habitats as set out in paragraph 1 shall be restricted to having onboard or fishing with nets with a mesh size in the range of 16-31 millimetres or 32-54 millimetres.

Article 34f

Measures for the protection of a vulnerable deep-sea habitat in ICES division VIIIc

1. It shall be prohibited to conduct bottom trawling and fishing with static gear, including bottom set gillnets and bottom set longlines, within the area enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:

El Cachucho:

— 44°12′ N, 05°16′ W

— 44°12′ N, 04°26′ W

— 43°53′ N, 04°26′ W

— 43°53′ N, 05°16′ W

— 44°12′ N, 05°16′ W

2. By way of derogation from the prohibition set out in the paragraph 1, vessels that conducted fisheries with bottom set longlines in 2006, 2007 and 2008 targeting greater forkbeard may obtain from their fishing authorities a fishing authorisation in accordance with Article 7 of Regulation (EC) No 1224/2009 that allows them to continue conducting that fishery in the area south of 44°00.00′ N. All vessels having obtained this fishing authorisation shall, regardless of their overall length, have in use an operational, fully functioning secure VMS which complies with the respective rules, when conducting fisheries in the area set out in paragraph 1.

▼B







TITLE VI

SPECIFIC PROVISIONS FOR THE SKAGERRAK AND KATTEGAT

Article 35

Notwithstanding Article 19(1), undersized marine organisms caught in the Skagerrak or Kattegat may be retained on board, or be transhipped, landed, transported, stored, sold, displayed or offered for sale within a limit of 10 % by live weight of the total catches retained on