1993R3680 — EN — 05.05.1994 — 001.001 — 1
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►B COUNCIL REGULATION (EEC)No 3680/93
of 20 December 1993
laying down certain conservation and management measures for fishery resources in the Regula-
tory Area as defined in the Convention on Future Multilateral Cooperation in the North West
Atlantic Fisheries
(OJ L 341, 31.12.1993, p. 42)
Amended by:
Official Journal
No page date
►M1 Council Regulation (EC) No 1043/94 of 12 April 1994 L 114 1 5.5.1994
1993R3680 — EN — 05.05.1994 — 001.001 — 2
▼B
COUNCIL REGULATION (EEC)No 3680/93
of 20 December 1993
laying down certain conservation and management measures for
fishery resources in the Regulatory Area as defined in the Conven-tion on Future Multilateral Cooperation in the North West Atlantic
Fisheries
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3760/92 of 20
December 1992 establishing a Community system for fisheries andaquaculture (
1), and in particular Article 8 (4) thereof,
Having regard to the proposal from the Commission,Whereas the Community has signed the United Nations’ Convention on
the Law of the Sea, which contains principles and rules relating to theconservation and management of the living resources within theexclusive economic zones of the coastal States and in the high seas;
Whereas the Convention on Future Multilateral Cooperation in the
North West Atlantic Fisheries, hereinafter referred to as the NAFOConvention, was approved by the Council in Regulation (EEC) No3179/78 (
2) and entered into force on 1 January 1979; whereas the
Regulatory Area as defined consists of that part of the Convention Areawhich lies beyond the areas in which coastal States exercise fisheriesjurisdiction;
Whereas the NAFO Convention establishes a suitable framework for the
rational conservation and management of the fishery resources of theRegulatory Area with a view to achieving the optimum utilizationthereof; whereas, to this end, the Contracting Parties undertake to carryoutjointmeasures;
Whereas, in the light of the available scientific advice, the catches of
certain species in certain parts of the Regulatory Area should be limited;whereas, in accordance with Articles 8 of Regulation (EEC) No 3760/92, it falls to the Council to establish the total allowable catches (TACs)by stock or group of stocks, the share available for the Community andthe specific conditions under which catches must be made and toallocate the share available to the Community among the MemberStates;
Whereas, in order to ensure the conservation of fishery resources and
their balanced exploitation, technical conservation measures must bedefined, inter alia for mesh sizes, the level of by-catches and authorizedfish sizes;
Whereas to enable controls to be carried out on catches from the
Regulatory Area while supplementing the monitoring measuresprovided for in Regulation (EEC) No 2847/93 (
3) certain specific
control measures are to be defined, inter alia , for the declaration of
catches, the communication of information, the holding of non-author-ized nets and information and assistance relating to the storage andprocessing of catches,
(1) OJ No L 389, 31. 12. 1992, p. 1.
(2) OJ No L 378, 30. 12. 1978, p. 1.
(3) OJ No L 261, 20. 10. 1993, p. 1.
1993R3680 — EN — 05.05.1994 — 001.001 — 3
▼B
HAS ADOPTED THIS REGULATION:
Article 1
Scope
1. Community vessels operating in the Regulatory Area and retaining
on board fish from resources of that area shall do so in furtherance ofthe objectives and principles of the NAFO Convention.
2. With a view to ensuring through the joint action of the Contracting
Parties the rational conservation and management of the fisheryresources of the Regulatory Area for the purpose of achieving theoptimum utilization thereof, this Regulation lays down:
— limits on catches,— technical conservation measures,— international control measures,— provisions relating to the processing and transmission of certain
scientific and statistical data.
Article 2
Community participation
1. Member States shall forward to the Commission a list of all
vessels registered in their ports or flying their flag which intend to takepart in the fishing activities in the Regulatory Area at least 30 daysbefore the intended commencement of such activity or, as the case maybe, not later than the 20th day following the date of entry into force ofthis Regulation. The information forwarded shall include:
(a) name of vessel;
(b) official registration number of the vessel assigned by the competent
national authorities;
(c) home portof t he vessel;
(d) name of owner or charterer of the vessel;
(e) a declaration that the master has been provided with a copy of the
regulations in force in the Regulatory Area;
(f) the principal species fished by the vessel in the Regulatory Area;
(g) the sub-areas where the vessel may be expected to fish.
Article 3
Limits on catches
Catches in 1994 of the species set out in Annex I hereto by fishing
vessels registered in the ports of Member States or flying their flag shallbe limited, within the divisions of the Regulatory Area referred to inthat Annex, to the quotas set out therein.
Article 4
Technical measures
1. Mesh sizes
The use of trawl net having in any section thereof net meshes of
dimensions less than 130 mm shall be prohibited for direct fishing ofthe species referred to in Annex II hereto. This mesh size shall bereduced to 60 mm for direct fishing of short-finned squid.
1993R3680 — EN — 05.05.1994 — 001.001 — 4
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However, up to 1 June 1994, the use of a trawl net or such section ofany trawl net as is made of hemp, polyamide fibres or polyester fibreswith a minimum mesh size of 120 mm shall be authorized for thefishing of the species listed in Annex II.
▼
M1
For the nets made of polyamide fibres the equivalent minimum meshsize shall be 120 mm. Vessels using these materials shall have aboardcertificates, issued by the competent authorities of the flag MemberState, certifying that the fibres in the net used are made of polyamide.
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B
Vessels fishing for shrimp (Pandalus borealis) shall use nets with a
minimum mesh size of 40 mm.
2. Attachments to nets
The use of any means or device other than those described in this
paragraph which obstructs the meshes of a net or which diminishes theirsize shall be prohibited.
Canvas, netting or any other material may be attached to the underside
of the cod-end in order to reduce or prevent damage.
Devices may be attached to the upper side of the cod-end provided that
they do not obstruct the meshes of the cod-end. The use of top-sidechafers shall be limited to those mentioned in Annex III hereto.
Vessels fishing for shrimp (Pandalusborealis) shall use sorting grids or
grates with a maximum spacing between bars of 28 mm.
3. By-catches
By-catches of the species listed in Annex I for which no quotas have
been fixed by the Community for a part of the Regulatory Area andtaken in that part when fishing directly for:
— one or more of the species listed in Annex I, or— one or more of species other than those listed in Annex I,
may notexceed for each species on board 2 500 kg or 10 % by weight
of all fish on board, whichever is the greater. However, in a part of theRegulatory Area where directed fishing of certain species is banned,by-catches of each of the species listed in Annex I may not exceed1 250 kg or 5 % respectively.
For vessels fishing for shrimp (Pandalus borealis) , in the event that
total by-catches of all species listed in Annex I, in any haul exceed10 % by weight, vessels shall immediately change fishing area(minimum 5 nautical miles) in order to seek to avoid further by-catchesof these species.
(4) Minimum size of fish
Fish from the Regulatory Area which do not have the size required as
setoutin Annex IV may notbe ret ained on board or be t ranshipped,landed, transported, stored, sold, displayed or offered for sale, but shallbe returned immediately to the sea. Where the quantity of caught fishnot having the required size exceeds in certain fishing waters 10 % ofthe total quantity, the vessel must move away to a distance of at leastfive nautical miles before continuing fishing.
Article 5
Control measures
1. In addition to complying with Articles 6, 8, 11 and 12 of Regula-
tion (EEC) No 2847/93, masters of vessels shall enter in the logbook theinformation listed in Annex V hereto.
In complying with Article 15 of the said Regulation, Member States
shall also inform the Commission of catches of species not subject toquota.
1993R3680 — EN — 05.05.1994 — 001.001 — 5
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2. When fishing directly for one or more of the species listed in
Annex II, vessels may not carry nets the mesh size of which is smallerthan that laid down in Article 4 (1).
However, vessels fishing in the course of the same voyage in areas
other than the Regulatory Area may keep such nets on board providedthese nets are securely lashed and stowed and are not available forimmediate use, that is to say:
(a) nets shall be unshackled from their boards and their hauling or
trawling cables and ropes;
(b) nets carried on or above the deck must be lashed securely to a part
of the superstructure.
3. The masters of fishing vessels flying the flag of a Member State or
registered in one of its ports shall, in respect of catches of the specieslisted in Annex I, keep:
(a) a logbook stating, by species and by processed product, the aggre-
gate output; or
(b) a storage plan, by species, of products processed, indicating where
they are located in the hold.
Masters of vessels must provide the necessary assistance to enable the
quantities declared in the logbook and the processes products stored onboard to be verified.
Article 6
Statistical and scientific data
1. In order to secure advice on localized and seasonal concentrations
of juvenile American plaice and yellowtail flounder in division 3LNOof the Regulatory Area:
(a) Member States shall provide, based upon the relevant entries in the
logbook, as provided for by Article 5 (1), nominal catch and discardstatistics, broken down by unit areas no larger than 1 °latitude and
1°longitude, summarized on a monthly basis;
(b) length sampling shall be provided for both nominal catches and
discards, with a sampling intensity on the same scale as adopted in(a) and summarized on a monthly basis.
2. In order to assess the effects of cod by-catches in the redfish and
flatfish fisheries on the Flemish Cap:
(a) Member States shall supply, based upon the relevant entries in the
logbook as provided for by Article 5 (1), statistics on discards ofcod taken in the redfish and flatfish fisheries in the above area, inaddition the normal reports, summarized on a monthly basis;
(b) length sampling of cod taken in the redfish and flatfish fisheries in
the above area, shall be provided for the two components sepa-rately, with depth information accompanying each sample, summar-ized on a monthly basis.
3. Length samples shall be taken from all parts of the respective
cat ch of each species concerned in such a manner t hatatleastonestatistically significant sample is taken from the first haul taken eachday. The size of a fish shall be measured from the tip of the snout to theend of the tail fin.
For the purposes set out in paragraphs 1 and 2, length samples taken as
described in this Regulation shall be deemed to be representative of allcatches of the species concerned.
Article 7
This Regulation shall enter into force on 1 January 1994.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
1993R3680 — EN — 05.05.1994 — 001.001 — 6
Stock1994 quota
Species Geographical region ZoneMember State(tonnes)▼M1
ANNEX I
Cod North-west Atlantic NAFO 2 J + Belgium
3K LDenmark
Germany
Greece
Spain
France
Ireland
Italy
Luxembourg
Netherlands
Portugal
United Kingdom
Available for Member States
EC total 0
Cod North-west Atlantic NAFO 3 Belgium
NO (1)Denmark
Germany 5
Greece
Spain 1 832
France 28
Ireland
Italy
Luxembourg
Netherlands
Portugal 345
United Kingdom 3
Available for Member States
EC total 2 213
Cod North-west Atlantic NAFO 3 M Belgium
Denmark
Germany 513
Greece
Spain 1 574
France 221
Ireland
Italy
Luxembourg
Netherlands
1993R3680 — EN — 05.05.1994 — 001.001 — 7
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Stock1994 quota
Species Geographical region ZoneMember State(tonnes)
Portugal 2 155
United Kingdom 1 022
Available for Member States
EC total 5 485
▼B
Atlantic North-west Atlantic NAFO 3 M Belgium
redfishDenmark
Germany
Greece
Spain
France
Ireland
Italy
Luxembourg
Netherlands
Portugal
United Kingdom
Available for Member States
EC total 4 030
Atlantic North-west Atlantic NAFO 3 LN Belgium
redfishDenmark
Germany 476
Greece
Spain
France
Ireland
Italy
Luxembourg
Netherlands
Portugal
United Kingdom
Available for Member States
EC total 476
American North-west Atlantic NAFO 3 Belgium
plaice M(1)Denmark
Germany
Greece
Spain
France
Ireland
Italy
Luxembourg
Netherlands
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Stock1994 quota
Species Geographical region ZoneMember State(tonnes)
Portugal
United Kingdom
Available for Member States
EC total 175
American North-west Atlantic NAFO 3 Belgium
plaice LNO (1)Denmark
Germany
Greece
Spain
France
Ireland
Italy
Luxembourg
Netherlands
Portugal
United Kingdom
Available for Member States
EC total 61
Yellow tail North-west Atlantic NAFO 3 Belgium
flounder LNO (1)Denmark
Germany
Greece
Spain
France
Ireland
Italy
Luxembourg
Netherlands
Portugal
United Kingdom
Available for Member States
EC total 140
Witch flounder North-west Atlantic NAFO 3 NO Belgium
Denmark
Germany
Greece
Spain
France
Ireland
Italy
Luxembourg
Netherlands
Portugal
United Kingdom
Available for Member States
EC total 0
Capelin North-west Atlantic NAFO 3 NO Belgium
Denmark
Germany
Greece
Spain
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Stock1994 quota
Species Geographical region ZoneMember State(tonnes)
France
Ireland
Italy
Luxembourg
Netherlands
Portugal
United Kingdom
Available for Member States
EC total 0
Squid North-west Atlantic NAFO- Belgium
subzonesDenmark3+4
Germany
Greece
Spain
France
Ireland
Italy
Luxembourg
Netherlands
Portugal
United Kingdom
Available for Member States
EC total p.m.
(1) There will be no direct fishing on this species, which will be caught only as a by-catch, without prejudice to the
rules setoutin Art icle 4 (3) hereof.
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Common name Scientific nameANNEX II
Principal groundfish (except flatfish)
Atlantic cod Gadusmorhua
Haddock Melanogrammusaeglefinus
Atlantic redfishes Sebastes spp.
Golden redfish Sebastesmarinus
Silver hake Sebastesmentella
Red hake Merlucciusbilinearis
Pollock (= saithe) Urophucischuss
Pollachius virens
Flatfish
American plaice Hippoglossoidesplatessoides
Witch flounder Glyptocephaluscynoglossus
Yellowtail flounder Limandaferruginea
Greenland halibut Reinhardtiushippoglossoides
Atlantic halibut Hippoglossushippoglossus
Winter flounder Pseudopleuronectesamericanus
Summer flounder Paralichthysdentatus
Windowpane flounder Scophthalmusaquosus
Flatfish (NS) Pleuronectiformes
Other groundfish
American angler (= goosefish) Lophiusamericanus
Atlantic searobins Prionotus spp.
Atlantic tomcod Microgadustomcod
Blue whiting Micromesistiuspoutassou
Cunner Tautogolabrusadspersus
Cusk (= tusk) Brosmebrosme
Greenland cod Gadusogac
Blue ling Molvadypterygia
Ling Molvamolva
Lumpfish (= lumpsucker) Cyclopteruslumpus
Northern kingfish Menticirrhussaxatilis
Northern puffer Sphoeroidesmaculatus
Eelpouts (NS) Lycodes spp.
Ocean pout Macrozoarcesamericanus
Polar cod Boreogadussaida
Roundnose grenadier Coruphaenoidesrupestris
Roughhead grenadier Macrourisberglax
Sandeels (= sand lances) Ammodytes spp.
Sculpins Myoxocephalus spp.
Scup Stenotomuschrysops
Tautog Tautogaonitis
Tilefish Lopholatiluschamaeleonticeps
White hake Urophycistenuis
Wolffishes (NS) Anarhichas spp.
Atlantic wolffish Anarhichaslupus
Spotted wolffish Anarhichasminor
Groundfish (NS) …
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ANNEX III
AUTHORIZED TOP-SIDE CHAFERS
1.ICNAF-type top-side chafer
A rectangular piece of netting attached to the upper side of a cod-end to
reduce or prevent damage and complying with the following requirements:
(a) the netting shall not have a mesh size less than that specified for the net
itself;
(b) the netting may be fastened to the cod-end only along the forward and
lateral edges of the netting and shall be fastened in such a manner that itextends forward of the splitting strap no more than four meshes and endsnot less than four meshes in front of the codline mesh; where a splittingstrap is not used, the netting shall not extend to more than one-third of thecod-end measured from notless t han four meshes in frontof t he codlinemesh;
(c) the number of meshes in the width of the netting shall be at least one and
a half times the number of meshes in the width of the part of the cod-endwhich is covered, both widths being taken at right angles to the longitu-dinal axis the cod-end.
2.‘Multiple flap' top-side chafer
Pieces of netting having in all their parts meshes the dimensions of which,
whether the pieces of netting are wet or dry, are not less than those of themeshes of the net to which they are attached, provided that:
(i) each piece of netting:
(a) is fastened only by its forward edge across the cod-end at right
angles to its longitudinal axis;
(b) is at least equal in width to the width of the cod-end (such width
being measured at right angles to the longitudinal axis of the cod-endat the point of attachment);
(c) is notmore t han 10 meshes long;
(ii) the aggregate length of all the pieces of netting so attached does not
exceed two-thirds of the length of the cod-end.
3.Large mesh (modified Polish-type)top-side chafer
A rectangular piece of netting made of the same twine material as the
cod-end, or of a single, thick, knotless twine material, attached to the rearportion of the upper side of the cod-end and extending over all or any part ofthe upper side of the cod-end, having in all its parts a mesh size twice that ofthe cod-end when measured wet and fastened to the cod-end along theforward, lateral and rear edges only of the netting in such a way that eachmesh of the netting exactly coincides with four meshes of the cod-end.
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Species Minimum size DefinitionANNEX IV
Atlantic cod 41 cm fork length
American plaice 25 cm total length
Yellowtail flounder 25 cm total length
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Particulars Code
Names of species of fish
Abbreviation
English LatinANNEX V
Particulars to be contained in the logbook
Name of vessel 01
Nationality of vessel 02
Registration number of vessel 03
Port of registration 04
Type of fishing gear used (daily) 10
Type of fishing gear 2 (1)
Date:
— day 20
— month 21
— year 22
Position:
— latitude 31
— longitude 32
— statistical zone 33
Number of fishing operations per period of 24 hours (2)4 0
Number of hours fishing with gear per period of 24 hours (2)4 1
Name of species 2 (2)
Daily catches by species (in tonnes live weight) 50
Daily catches, per species, for human consumption 61
Quantities discarded daily per species 63
Place of transhipment 70
Date(s) of transhipment 71
Master’s signature 80
(1) To be indicated together with one of the abbreviations listed in the second part of this Annex.
(2) Where two or more types of fishing gear are used in a given 24-hour period, separate records must be supplied for
each type of gear.
Standard abbreviations for the principal species in the NAFO area
ALE Alewife Alosapseudoharengus
ARG Atlantic argentine Argentinasilus
BUT American butterfish Peprilustriacanthus
CAP Capelin Mallotusvillosus
COD Cod Gadusmorhua
GHL Greenland halibut Reinhardtiushippoglossoides
HAD Haddock Melanogrammusaeglefinus
HER Herring Clupeaharengus
HKR Red hake Urophycischuss
HKS Silver hake Merlucciusbilinearis
MAC Mackerel Scomberscombrus
PLA American plaice Hippoglossoidesplatessoides
POK Saithe Pollachiusvirens
RED Redfish Sebastesmarinus
RMG Roundnose grenadier Macrourusrupestris
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Names of species of fish
Abbreviation
English Latin
Abbreviations Fishing gearSHR Shrimps and prawns Pandalus spp.
SQU Squid Loligopealei—Illexillecebrosus
WIT Witch flounder Glyptocephaluscynoglossus
YEL Yellowtail flounder Limandaferruginea
Standard abbreviations for fishing gear
OTB Bottom otter trawl (side or stern, not specified)
OTB 1 Bottom otter trawl (side)
OTB 2 Bottom otter trawl (stern)
OTM Midwater otter trawl (side or stern, not specified)
OTM 1 Midwater otter trawl (side)
OTM 2 Midwater otter trawl (stern)
PTB Bottom pair trawl (2 vessels)
PTM Midwater pair trawl (2 vessels)
GM Gillnets (not specified)
GNS Setgillnet s
LL Longlines (setor drift ing, notspecified)
LLS Longlines (set)
LLD Longlines (drifting)
MIS Miscellaneous fishing gear
NK Fishing gear notknown