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( 1 ) OJ NO L 378 , 30 . 12 . 1978 , P . 1 .

( 2 ) OJ NO C 193 , 31 . 7 . 1979 , P . 11 .

( 3 ) OJ NO C 289 , 19 . 11 . 1979 , P . 47 .

COUNCIL REGULATION ( EEC ) NO 2622/79

OF 23 NOVEMBER 1979

LAYING DOWN CERTAIN TECHNICAL MEASURES FOR THE CONSERVATION OF FISHERY RESOURCES APPLICABLE TO VESSELS FLYING THE FLAG OF A MEMBER STATE AND FISHING IN THE REGULATORY AREA DEFINED IN THE NAFO CONVENTION

THE COUNCIL OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 43 THEREOF ,

HAVING REAGARD TO COUNCIL REGULATION ( EEC ) NO 3179/78 OF 28 DECEMBER 1978 CONCERNING THE CONCLUSION BY THE EUROPEAN ECONOMIC COMMUNITY OF THE CONVENTION ON FUTURE MULTILATERAL COOPERATION IN THE NORTHWEST ATLANTIC FISHERIES ( 1 ),

HAVING REGARD TO THE PROPOSAL OF THE COMMISSION ( 2 ),

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 3 ),

WHEREAS THE CONVENTION ON FUTURE MULTILATERAL COOPERATION IN THE NORTHWEST ATLANTIC FISHERIES , HEREINAFTER REFERRED TO AS THE ' NAFO CONVENTION ' , ENTERED INTO FORCE ON 1 JANUARY 1979 ;

WHEREAS , UNDER ARTICLE XXIII OF THE NAFO CONVENTION , UPON ITS ENTRY INTO FORCE , EACH PROPOSAL THAT IS ALREADY EFFECTIVE UNDER THE INTERNATIONAL CONVENTION FOR THE NORTHWEST ATLANTIC FISHERIES , 1949 , HEREINAFTER REFERRED TO AS ' THE ICNAF CONVENTION ' , SHALL BECOME A MEASURE BINDING ON EACH CONTRACTING PARTY WITH RESPECT TO THE REGULATORY AREA DEFINED IN THE NAFO CONVENTION ;

WHEREAS , CONSEQUENTLY , A NUMBER OF PROPOSALS FOR CONSERVATION MEASURES ADOPTED UNDER THE ICNAF CONVENTION HAVE BECOME BINDING MEASURES UNDER THE NAFO CONVENTION ;

WHEREAS IT IS THE RESPONSIBILITY OF THE COMMUNITY TO TAKE APPROPRIATE STEPS TO ENSURE THAT THE SAID MEASURES ARE BINDING ON COMMUNITY VESSELS ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

VESSELS FLYING THE FLAG OF A MEMBER STATE AND FISHING WITHIN THE REGULATORY AREA DEFINED IN ARTICLE 1 ( 2 ) OF THE NAFO CONVENTION SHALL COMPLY WITH THE CONSERVATION MEASURES LAID DOWN IN THIS REGULATION .

ARTICLE 2

THE USE OF A TRAWL NET HAVING ANY PART THEREOF NET MESHES OF DIMENSIONS LESS THAN 130 MILLIMETRES SHALL BE PROHIBITED FOR DIRECT FISHING OF THE SPECIES REFERRED TO IN ANNEX I . THIS MESH SIZE RELATES TO MANILA TWINE NETTING WHEN MEASURED WET AFTER USE . MESH SIZE EQUIVALENTS ARE INDICATED IN ANNEX II FOR OTHER TRAWL MESH MATERIALS WHEN MEASURED DRY BEFORE USE .

ARTICLE 3

BY-CATCHES OF THE SPECIES MENTIONED IN ANNEX I TAKEN BY VESSELS FISHING FOR SPECIES OTHER THAN THOSE MENTIONED IN ANNEX I WITH NETS HAVING A MESH SIZE LESS THAN THAT SPECIFIED IN ARTICLE 2 SHALL NOT EXCEED , FOR EACH OF THE SPECIES MENTIONED IN ANNEX I ON BOARD THE VESSEL , 2 500 KILOGRAMS OR 10 % BY WEIGHT OF ALL FISH ON BOARD THE VESSEL , WHICHEVER IS THE GREATER .

ARTICLE 4

1 . THE USE OF ANY MEANS OR DEVICE OTHER THAN THOSE DESCRIBED IN PARAGRAPH 2 WHICH OBSTRUCTS THE MESHES OF A NET OR WHICH DIMINISHES THEIR SIZE SHALL BE PROHIBITED .

2 . CANVAS , NETTING OR ANY OTHER MATERIAL MAY BE ATTACHED TO THE UNDERSIDE OF THE COD-END IN ORDER TO REDUCE OR PREVENT DAMAGE .

3 . 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-SIDE CHAFERS SHALL BE LIMITED TO THOSE MENTIONED IN ANNEX III .

ARTICLE 5

THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 23 NOVEMBER 1979 .

FOR THE COUNCIL

THE PRESIDENT

R . MAC SHARRY

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ANNEX I

SPECIES REFERRED TO IN ARTICLE 2

ATLANTIC COD ( GADUS MORRHUA )

HADDOCK ( MELANOGRAMMUS AEGLEFINUS )

ATLANTIC REDFISH ( SEBASTES MARINUS ) ( 1 )

HALIBUT ( HIPPOGLOSSUS HIPPOGLOSSUS )

WITCH FLOUNDER ( GLYPTOCEPHALUS CYNOGLOSSUS )

YELLOWTAIL FLOUNDER ( LIMANDA FERRUGINEA )

AMERICAN PLAICE ( HIPPOGLOSSOIDES PLATESSOIDES )

GREENLAND HALIBUT ( REINHARDTIUS HIPPOGLOSSOIDES )

POLLOCK ( SAITHE ) ( POLLACHIUS VIRENS )

WHITE HAKE ( UROPHYCIS TENUIS )

( 1 ) NOT INCLUDING ATLANTIC REDFISH OCCURRING IN STATISTICAL DIVISIONS 3N , 3O AND 3P .

ANNEX II

MESH SIZE EQUIVALENTS // //

TYPE OF NET // MESH SIZE //

SEINE NET // 110 MM //

SUCH PART OF ANY TRAWL NET AS IS MADE OF HEMP , POLYAMIDE FIBRES OR POLYESTER FIBRES // 120 MM //

SUCH PART OF ANY TRAWL NET AS IS MADE OF MANILA OR ANY OTHER MATERIAL NOT MENTIONED ABOVE // 130 MM //

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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 IT EXTENDS FORWARD OF THE SPLITTING STRAP NO MORE THAN FOUR MESHES AND ENDS NOT LESS THAN FOUR MESHES IN FRONT OF THE CODLINE MESH ; WHERE A SPLITTING STRAP IS NOT USED , THE NETTING SHALL NOT EXTEND TO MORE THAN ONE-THIRD OF THE COD-END MEASURED FROM NOT LESS THAN FOUR MESHES IN FRONT OF THE CODLINE MESH ;

( 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-END WHICH IS COVERED , BOTH WIDTHS BEING TAKEN AT RIGHT ANGLES TO THE LONGITUDINAL AXIS OF 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 THE MESHES 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-END AT THE POINT OF ATTACHMENT );

( C ) IS NOT MORE THAN 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 REAR PORTION OF THE UPPER SIDE OF THE COD-END AND EXTENDING OVER ALL OR ANY PART OF THE UPPER SIDE OF THE COD-END , HAVING IN ALL ITS PARTS A MESH SIZE TWICE THAT OF THE COD-END WHEN MEASURED WET AND FASTENED TO THE COD-END ALONG THE FORWARD , LATERAL AND REAR EDGES ONLY OF THE NETTING IN SUCH A WAY THAT EACH MESH OF THE NETTING EXACTLY COINCIDES WITH FOUR MESHES OF THE COD-END .