Proposal for a COUNCIL REGULATION (EC) laying down certain technical measures for the conservation of fishery resources
Date: 1996-06-25
Institutions: European Commission
Subjects: catch of fish, conservation of fish stocks, fishery management, fishing area, fishing net

"H.WWlWftfl  Tf* 

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

Brussels,  25.06.1996 
COM(96)  296  final 

96/0160  (CNS ) 

Proposal  for  a 

COUNCIL  REGULATION  (EC) 

laying  down  certain  technical  measures 
for  the  conservation  of  fishery  resources 

(presented  by  the  Commission) 

EXPLANATORY  MEMORANDUM 

At the Council  of Ministers of 21-22 December  1995, the Commission  presented  the  "Report 
of  the  application  of  technical  measures  in  the  Common  Fisheries  Policy"  (COM(95)  669 
final).  The  report  concluded  that the technical  regulations  currently  in force  (for  the  Atlantic, 
Baltic  and  Mediterranean  respectively)  have not been  effective  enough  in reducing  the  catch 
of  juvenile  fish,  and  suggested  a  series  of  ways  in  which  their  effectiveness  could  be 
improved. 

On the basis  of this  document,  the  Commission  committed  itself to present,  by  1 June  1996, 
proposals  for  a  modification  of  existing  technical  measures  that  would  improve  their 
effectiveness  to  avoid  the  catch  of juvenile  fish.  This  new  regulation,  when  adopted,  will 
replace  Council  regulation  (EEC) No.  3094/86  laying  down  technical  conservation  measures 
for  fisheries  in  the  Atlantic. 

The  two  fundamental  aspects  to  consider  in  relation  with  this  proposal  are  the  following: 

Firstly,  two  types  of  measure  are  proposed  to  reduce  the  catch  of juvenile  fish:  to 
improve  the  selectivity  of  towed  gear  with  respect  to  the  existing  legislation  and  to 
limit the fishing  activity  in certain areas and  seasons where and when juvenile fish are 
abundant. 

Secondly,  the  experience  of the  application  of  the  current  regulations  shows  that  the 
existing  rules  are  complex,  difficult  to  understand  (to  both  managers  and  fishermen) 
and  difficult  to  enforce.  These  difficulties  contribute  to  make  the  regulation  less 
effective.  Therefore  the current  proposal  includes  provisions  that  intend  to be  simple, 
understandable  and  enforceable. 

The  selectivity  of  towed  gear. 

The selectivity  of towed  gear is influenced  by a number of factors: mesh  size, twine  diameter, 
the  use  of  certain  devices  (separator  trawls, square  mesh  panels), etc.  These  possibilities  are 
not  mutually  exclusive;  on the  contrary  they  can  be  combined  in  some  cases.  However,  it  is 
understood  that  the  single  most  effective  way to  improve  the  selectivity  of towed  gear  is the 
increase  in  mesh  size.  The  proposal  therefore  concentrates  on  a  general  increase  in  mesh 
sizes, with respect to the current situation, but also includes provisions on other  characteristics 
of fishing  gear. At the same time, the use of square mesh panels to increase species  separation 
or  improve  selectivity  is  made  mandatory  for  the  larger  mesh  sizes. 

The  proposal  establishes  provisions  on  the  mesh  size  of towed  gear  that  are  common  for  all 
Community  waters  in  the  Atlantic  (except  Skagerrak  and  Kattegat).  It  is  understood  that 
technical  measures  should  refer  to specific  fisheries  (groups of species caught together)  rather 
than  to  geographical  areas. 

Skagerrak  and  Kattegat  are  treated  separately.  The  reason  for  this  is that  technical  measures 
in  this  area  are  a  part  of  the  Agreed  Minute  signed  with  Norway  in  1982.  Although  there 
seems  to be  little  biological  reason  to justify  provisions  for  Skagerrak  and  Kattegat  different 
to  those  for  the North  Sea,  and  while  the  Commission  will  try  to  bring  the  measures  in  this 
area  in  line  with  those  applicable  to  the  rest  of  the  Atlantic,  any  modification  of  these 
measures  should  be  agreed  with  Norway  in  the  first  place.  Because  of  time  constraints, 
consultations  with Norway  on this  issue will be held  after  the present  proposal  is adopted  by 
the  Commission. 

The  proposal  does  not  consider  authorized  or unauthorized  mesh  sizes. In principle  all  mesh 
sizes can be used  (except  for  a certain gap) provided  that the species composition  retained  on 
board  correspond  to the percentages  established.  To the  extent possible, the  groups  of target 
species  corresponding  to  a  given  mesh  size  range  are  species  usually  caught  together. 
Moreover,  the  proposal  considers  that  the  number  of  nets  of  different  mesh  size  carried  on 
board  of  different  mesh  sizes  should  be  minimized,  in  order  to  allow  an  adequate 
enforcement. 

The proposal  includes a general  increase in the reference  mesh sizes. Scientific  data show that 
there  are  significant  long-term  gains  in  yield  for  some  stocks  to  be  expected  from  this 
increase.  Smaller  mesh  sizes  are  also  authorized  for  particular  fisheries,  and  are  associated 
with  a percentage  of  target  species  retained  on  board. 

Other  measures  to  reduce  the  catch  of juveniles:  closed  areas/seasons 

The  catch  of juveniles  can  be  reduced  by  closing  certain  areas  during  certain  periods  of  the 
year  where  and  when juveniles  of  important  species  tend  to  accumulate.  For  these  measures 
to  be  effective,  the  conditions  applying  to  these  areas  should  be  as  stringent  as  possible. 

Particular  attention  has  been  given  to  the  conservation  of  hake.  To  this  end,  the  number  of 
areas  for  protecting  hake  has been  increased, with regard to the legislation  currently  in place, 
and  the  conditions  applying  to  some  of them  have  been  made  more  stringent. 

In  other  cases,  however,  closed  areas/seasons  are also  established  with  the  aim  of  protecting 
spawning  adults  from  fishing.  This is the case of herring and demersal  species  in some areas. 

Minimum  landing  sizes. 

Since  minimum  mesh  sizes  for  towed  gear  are  harmonized,  minimum  landing  sizes  are  also 
harmonized.  In  addition,  minimum  landing  sizes  are  considered  for  those  species  that 
constitute  the  most  important  part  of  the  catch  and  therefore  determine  the  behaviour  of  the 
skippers.  These  minimum  landing  sizes  correspond,  to  the  extent  possible,  to  the  selectivity 
of  the  towed  gear:  for  the  large  demersal  species  the  minimum  landing  size  has  been 
calculated  as.the L^  for  the mesh  size corresponding  to each of the species, where  selectivity 

d 

data  exist.  L25  for  a  given  mesh  size  corresponds  to  the  length  of the  fish  for  which  25% of 
the  individuals  are  retained  by  the  net  in  question. 

That  is, these  minimum  landing  sizes  are  established  so that  the  mesh  size  appropriate  for  a 
particular  species  or  groups  of  species  will  tend  to  catch  sized  fish. 

Structure  and  presentation. 

To make the regulation  simple, easy to understand and easy to enforce, the proposal  considers 
two  aspects: 

(a) 

substantial  aspects.  Derogations  to  the  general  rules  have  been  kept  to  a  minimum. 

(b) 

formal  aspects.  The  language  has  been  made  as  direct  and  clear  as  possible. 

To  make  the  regulation  simple: 

Some  derogations  existing  in  the  current  regulation  only  add  complexity  to  the 
regulation  and  are  no  longer  justified  or  necessary.  These  are  not  included  in  the 
present  proposal. 

Some  administrative  requirements  related  to  specific  derogations  are taken  out  of  the 
text,  to  be  dealt  with  by  Commission  Regulations. 

To  make  the  text  understandable: 

a  new,  more  user-friendly  presentation  and  structure  is  proposed.  Articles  are  made 
short  and  titles  are  provided  to  chapters  and  articles  to  clarify  their  content. 

Where  a derogation  or a special provision  is introduced,  a "whereas"  is also  provided 
to  explain  the  reasons  justifying  such  cases.  The  idea  is  that  all  provisions  in  the 
regulation  are  adequately  explained. 

As  to the  presentation,  the tables  on mesh  sizes  for  towed  and  fixed  gear  indicate  the 
different  ranges  of  mesh  sizes  against  the  target  species  for  them  and  establish 
minimum  percentages  for  these target  species.  The reference  in existing  regulation  to 
"protected  species"  is  not  necessary  in  this  context. 

To  make  the  regulation  enforceable: 

Some  ambiguous  expressions  are  improved.  An  example  is  that  of  the  term  "fishing 
for...",  which  is  replaced  by  "retaining  on  board...".  While  it  is  not  possible  for  an 
inspector  to  determine  what  a  fisherman  is  trying  to  "fish  for",  the  use  of  the  term 
"retained  on  board"  provides  an  objective  criterion  to  enforce  the  provisions  in 
question. 

\  Xr 
fc 

Overall,  this  proposal  represents  a  significant  improvement  in  the  technical  measures,  in 
comparison with the existing legislation. In some aspects the present proposal  appears as more 
lenient  than  the  existing  regulation  (for  example,  the  removal  of  the  "protected  species" 
concept)  but  these  provisions  are  intended  to  provide  more  flexibility  to  fishermen  and  to 
promote  a reduction  of  discards. 

Another  case  in this  context  is the proposed  flexibility  for  the  discarding  of  species  retained 
on  board  in  excess  of  the  authorized  percentages  for  the  mesh  size  used.  While  current 
regulation  requires  that  these  excess  catches  must  be  discarded  immediately,  the  present 
proposal  provides  a  flexibility  allowing  the discard  to  be done  at the  end  of  the  fishing  trip. 
This flexibility is intended to reduce by-catches, by allowing  fishermen  to compensate  excess 
percentages  in  some  hauls  with  possible  lower  percentages  of  target  species  in  subsequent 
hauls.  And,  in  any  case,  these  elements  are  largely  out  weighted  by  the  overall  increase  in 
selectivity  of  the  gear  introduced  in the  present  proposal. 

The  Council  is  requested  to  adopt  this  proposal. 

-1 c 

Proposal  for a 
COUNCIL  REGULATION  (EC)  No.  .../... 
laying  down  certain  technical  measures 
for  the  conservation  of  fishery  resources. 

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, 

Having  regard  to  the  opinion  from  the  European  parliament,1 

Having  regard  to  the  opinion  from  the  Economic  and  Social  Committee,2 

Whereas  Council  Regulation  (EEC)  ...  constitutes  the  consolidated  version  of  Council 
regulation  (EEC)  3094/86  of  7 October  1986  laying  down  certain  technical  measures  for  the 
conservation  of  fishery  resources,  which  regulation  has  been  frequently  and  substantially 
amended; 

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.  (Art.  5,  9,  Ann.  tow.  gears);  whereas  it  is  therefore 
appropriate to replace Regulation  (EC)... with a new text with the exception of Art. 11 and part 
of Art.9; 

Whereas  it  is necessary  to  define  principles  and  certain 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; 

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; 

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; 

Whereas  Council  Directive  92/43/EEC  of 21.5.1992  lays down  measures  for  conservation  of 
natural  habitats  and  of  wild  life  and  fauna;  whereas  the  list  of  marine  organisms  contains 
names  of  species  protected  by  the  requirements  of  that  directive; 

O.J. No.  C 

O.J. No.  C... 

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 minimum  mesh-sizes  appropriate  for 
the  capture  of  certain  species  and  other  characteristics  of  fishing  gear,  and  the  minimum 
landing  sizes  of  marine  organisms,  as well  as  limitations  of  fishing  within  certain  areas  and 
time-periods  and  with  certain  gears  and  equipment; 

Whereas  in  the  light  of  scientific  advice,  provisions  should  be  made  for  increases  in  mesh-
sizes  of  towed  gears  when  fishing  for  certain  species  of  marine  organisms,  and  provisions 
should be made for  the mandatory  use of square-meshed  netting, as this can play a  significant 
role  in  reducing  the  capture  of juveniles  of  marine  organisms; 

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,  minimum  mesh  sizes  for  fixed  gears  need  to  be  established; 

Whereas  the  species  composition  of  catches  and  the  associated  fishing  practices  in  the  case 
of  fisheries  with  fixed  gears  differ  between  geographical  areas;  whereas  these  differences 
justify  the  application  of  different  measures  in  those  areas; 

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; 

Whereas  the  practice  of  discarding  should  be reduced  as much  as  possible; 

Whereas  minimum  landing  sizes  need  to be  applied  with  respect  to  species  that  constitute  a 
major  proportion  of  the  landings  by  Community  fleets; 

Whereas  the  minimum  landing  size  of  a species  should  be  in  accordance  with  selectivity  of 
the  mesh  size  applicable  to  that  species; 

Whereas  the  manner  in  which  the  size  of  marine  organisms  is  to  be  measured  should  be 
defined; 

Whereas  protection  of  nursery  areas  should  be provided  for,  taking  into  account  the  specific 
biological  conditions  in  the  various  zones  concerned; 

Whereas  to  protect juvenile  herring,  specific  provisions  regarding  the  catching  and  retaining 
on  board  of  sprat  should  be  adopted; 

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; 

Whereas the use of purse seines on schools offish  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  forbidden; 

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; 

Whereas  certain measures, necessary  in the context  of conservation,  are contained  in  Council 
Regulations  (EEC) Nos  2930/86, 3760/92  and  2847/93, and therefore  need  not  be  reiterated; 

Whereas  where  conservation  is seriously  threatened,  the Commission  and the Member  States 
should  be  authorised  to  take  appropriate  provisional  measures; 

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; 

Whereas  where  detailed  rules  on  the  implementation  of  this  Regulation  may  be  necessary, 
such  measures  and  rules  should  be  adopted  in  accordance  with  the  procedure  laid  down  in 
Article  18 of  Regulation  (EEC)  No  3760/92; 

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  29  and 38. 

TITLE  I:  DEFINITIONS 

Article  2 

1. 

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

Region 1: 
All  waters  which  lie  to  the  north  and  west  of  a  line  running  from  a point  at  latitude 
48°  N,  longitude  18°  W,  thence  due  north  to  latitude  60°  N,  thence  due  east  to 
longitude  5° W, thence due north to latitude 60°30' N, thence due east to longitude  4° 
W. thence  due  north  to  latitude  64° N, thence  due  east  to the  coast  of  Norway. 

.  Region 2: 

All  waters  situated  north  of  latitude  48° N, but  excluding  the waters  in Region  1 and 
ICES  Divisions  Illb,  IIIc  and  Hid. 

Region 3: 
All  waters  corresponding  to  ICES  Sub-areas  VIII  and  IX. 

Region 4: 
All  waters  corresponding  to  ICES  Sub-area  X. 

Region 5: 
All waters situated  in that part of the east central Atlantic comprising divisions  34.1.1, 
34.1.2  and  34.1.3  and  subarea  34.2.0  of  fishing  zone  34 of  the  CECAF  region. 

Region 6: 
All  waters  off  the  coasts  of  the  French  department  of  Guyana  that  come  under  the 
sovereignty  or jurisdiction  of  said  department. 

Region 7: 
All waters off the coasts of the French departments of Martinique and Guadeloupe that 
come  under  the  sovereignty  or jurisdiction  of  said  departments. 

Region 8: 
All  waters  off  the  coasts  of  the  French  department  of  Réunion- that  come  under  the 
sovereignty  or jurisdiction  of  said  department. 

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  Eastern  Central  Atlantic,  respectively.  They 
are described, subject to any subsequent amendments, in Commission  Communications 
No  85/C  335/02  and  No  85/C  347/05. 

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  52. 

2. 

3. 

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  Hasenore  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  from  the  lighthouse  of 
Hanstholm  to  the  lighthouse  of  Lindesnes,  and  in  the  south  by  a  line  drawn  from 
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 
Ha  lying  south  of  latitude  64°  N,  and  that  part  of  ICES  Division  Ilia  which  is  not 
covered  by  the  definition  of  the  Skagerrak  given  in  the  second  indent  of  this 
paragraph. 

Article  3 

For the purposes  of this regulation  "marine organisms" are those  species  or groups  of  species 
which  are  listed  in  Annex  I. 

Article  4 

For  the  purposes  of  this  regulation: 

a) 

b) 

c) 

d) 

the  "minimum  mesh  size"  of  a net  is the  mesh  size  in  that  part  of  the  net  having  the 
smallest  meshes, 

"square-meshed  netting"  shall  mean  a  section  of  netting  mounted  so  that  of  the  two 
sets  of  parallel  lines  fonned  by  the  mesh  bars, one  set  is parallel  to,  and  the  other  at 
right  angles  to, the  long  axis  of  the  net, 

"bottom  set  gill  nets"  or  "entangling  nets"  are  any  fixed  gear  made  up  of  a  single 
piece  of  net,  fixed  by  any  means  to  the  bottom  of  the  sea, 

"trammel  nets" are  any  fixed  gear  made up of two  or more pieces  of  net hung jointly 
in  parallel  on  a  single  headline,  fixed  by  any  means  to  the  bottom  of  the  sea. 

TITLE  II:  NETS  AND  CONDITIONS  FOR  THEIR  USE 

CHAPTER  I:  PROVISIONS  FOR  TOWED  NETS 

Article  5 

1. 

For each of the regions or geographical  areas mentioned  in Annexes II, III and IV, and 
depending  where  applicable  on  the  time-period,  it  is  prohibited  to  use  any  trawl, 
Danish  seine  or  similar  towed  net unless: 

its  minimum  mesh  size  corresponds  to  one  of  the  categories  set  out  in  that 
annex,  and 

the  catch  taken  with  that  net  and  retained  on  board  includes  a  percentage  of 
target  species  equal to or greater than that specified  for the mesh  size  category 
set  out  in  that  annex. 

2. 

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

Article  6 

1. 

2. 

3. 

4. 

The  percentages  referred  to  in  Annexes  II,  III  and  IV  shall  be  calculated  as  the 
proportion  by  weight  of  all  marine  organisms  on board  after  sorting  or  on  landing. 

The percentages may be calculated on the basis of one or more representative  samples. 

Notwithstanding  paragraph  1,  catches  of  sandeel  retained  on  board  and  caught  with 
nets  having  mesh  sizes  smaller  than  16 millimetres, the  percentage  may  be  measured 
before  sorting. 

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  7 

It  is  prohibited  to  have  on  board  or  to  use  any  trawl,  Danish  seine  or  similar  towed 
net  havina  more  than  100 meshes  in the circumference  of the  cod-end,  excluding  the 
joinings  and  selvedges. 

i 

Paragraph  1 shall apply  to nets of which the minimum mesh  size is equal to or  greater 
than  70  mm. 

Article  8 

Any towed  net  of which  the mesh size is equal  to or greater than  70 millimetres  shall 
be equipped,  in the upper  part  of the net, with  a section  (panel  or window)  of  square-
meshed  netting  having  a  mesh  size  equal  to  or  greater  than  that  of  the  cod-end. 

The  following  conditions  shall  apply  to  any  section  of  square-meshed  netting  as 
referred  to  in  paragraph  1 : 

(a)  it  shall  be  at  least  3 metres  in  length, 

(b)  it  shall  be  attached  along  each  lengthwise  edge  to  the  net  in  such  a  way  that  the 
stretched  length  of that  part  of the net to which the  section  of  square-meshed  netting 
is attached,  is the same as the stretched length of the section of square-meshed  netting 
along  that  lengthwise  edge, 

(c)  it  shall  cover  at  least  90%  of  the  width  of  that  part  of  the  net  into  which  it  is 
inserted. 

It  is  prohibited  to  retain  on  board  any  quantity  of  prawns  caught  with  towed  net 
having  any  mesh  size between  32 and  54 millimetres, unless the upper part  of the  net 
is  equipped  with  a  section  of  square-meshed  netting  having  a  minimum  mesh-size 
which  is  double  that  of  the  cod-end. 

(a)  It  is  prohibited  to  retain  on  board  any  quantity  of  deepwater  rose  shrimp  caught 
with demersal  towed  net having any mesh size between  55 and  60 millimetres,  unless 
the  upper  part  of  the  net  is  equipped  with  a  section  of  square-meshed  netting  having 
a  minimum  mesh-size  which  is  double  that  of  the  cod-end. 

(b)  However,  it  shall  be  permitted  to  retain  on  board  quantities  of  deepwater  rose 
shrimp caught with the net described in subparagraph (a), provided they do not exceed 
5% of the total weight of the marine organisms on board which have been caught  with 
said  net. 

Article  9 

It  is  prohibited  for  vessels  which  carry  on  board  or  use  any  towed  net  with  a 
minimum  mesh  size  equal  to  or  greater than  110 millimetres  simultaneously  to  carry 
on  board  or  to  use  any  other  towed  net  with  a  minimum  mesh  size  less  than  110 
millimetres. 

Vessels  may  carry  on board  or use towed  nets  of two  different  minimum  mesh  sizes, 
provided that one of these minimum mesh  sizes falls  within the range of 0 through  60 
millimetres,  and  the  other  of these  minimum  mesh  sizes  falls  within  the  range  of  70 
through  109  millimetres. 

In this case, and derogating from  the provisions of Article 5, the  minimum  percentage 
of  target  species  that  must  be  retained  on  board  shall  be  85%. This  percentage  shall 
apply  to  thetarget  species  as  defined  for  the  net  or  nets  with  the  larger  of  the  two 
mesh  sizes  that  are  being  kept  on  board. 

It  is  prohibited  for  vessels  not  complying  with  the  conditions  of  paragraphs  1 and  2 
to  use  any  trawl,  Danish  seine  or  similar  towed  net. 

Article  10 

1. 

2. 

It  is  prohibited  to  carry  on  board  or to  use  any  towed  nets  constructed  wholly  or  in 
part  of  netting  materials  having  a twine  diameter  of  more  than  8 millimetres. 

It  is  prohibited  to  carry  on  board  or  to  use  any  towed  nets  constructed  wholly  or  in 
part  of  netting  materials  consisting  of  multiple  twine. 

Article  11 

1. 

2. 

It is prohibited  to carry on board or to use any towed net constructed  wholly  or in part 
of  any  type  of  mesh  other  than  square  mesh  or  diamond  mesh. 

Paragraph  1 shall not apply to towed net with a minimum  mesh  size of 31 millimetres 
or  less. 

Article  12 

Dredges are exempted  from  the provisions of Article  5, provided that the quantities  of marine 
organisms  retained  on board  and  caught  with these  nets, other than  bivalve  molluscs, do  not 
exceed  10%  of  the  total  weight  of  the  marine  organisms  on  board. 

CHAPTER  II:  PROVISIONS  FOR  FIXED  GEARS 

Article  13 

1. 

For  each  of  the  regions  or  geographical  areas  mentioned  in  Annexes  V  and  VI,  and 
depending  where  applicable  on  the  time-period,  it  is  prohibited  to  use  or  to  keep  on 
board  any  bottom  set  gillnet,  entangling  net  or trammel  net  unless: 

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. 

2. 

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

Article  14 

1. 

The  percentage  referred  to  in  Article  13  paragraph  1  shall  be  calculated  as  the 
proportion  by  weight  of  all  marine  organisms  on  board  after  sorting  or  on  landing. 

2. 

The percentage  may  be calculated  on the basis of one or more representative  samples. 

Article  15 

Articles  13 and  14 shall  not  apply  to  catches  of  salmonids,  lampreys  or  hagfish. 

CHAPTER III: GENERAL PROVISIONS ON NETS AND CONDITIONS FOR THEIR USE 

Article  16 

Sorting  shall  be  carried  out  immediately  after  hauling. 

Article  17 

1. 

2. 

Quantities  of  marine  organisms  retained  on board  in excess  of  permitted  percentages 
according  to  Annexes  II  through  VI  shall  be  discarded  into  the  sea  at  any  time  prior 
to  return  to  port. 

Paragraph  1 shall apply to marine organisms other than those defined  as target  species 
for  any  one  of  the  mesh  size  categories  set  out  in  Annexes  II  through  VI. 

Article  18 

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  teclinical 
descriptions  shall  be  drawn  up  in  accordance  with  the  procedure  referred  to  in  Article  52. 

TITLE  III:  MINIMUM  SIZE  OF  MARINE  ORGANISMS 

Article  19 

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

Article  20 

1. 

2. 

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

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. 

Bivalve  molluscs,  edible  crabs  and  lobsters  may  only  be  landed  whole. 

Article  21 

1. 

Undersized  marine organisms must not be retained on board or be transhipped,  landed, 
transported,  stored,  sold,  displayed  or  offered  for  sale,  but  must  be  discarded 
immediately  into  the  sea. 

2. 

Paragraph  1 shall  not  apply  to : 

a)  herring,  horse  mackerel  and  mackerel,  within  a  limit  of  10%  by  weight 

of  the  total  catches  retained  on  board  of  these  species, 

b)  marine  organisms  other  than  those  defined  in  Annexes  II,  III  and  IV  as 
target  species for the mesh size categories 0-15 or  16-31, 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  anchovy, horse mackerel  or mackerel  caught  for  use as live  bait 
may  be  retained  on  board,  provided  they  are  retained  alive. 

Article  22 

1. 

The  percentage  of  undersized  marine  organisms  shall  be  calculated  as the  proportion 
by  weight  of  all  marine  organisms  on  board  after  sorting  or  on  landing. 

2. 

The percentage  may be calculated  on the basis of one or more representative  samples. 

10 

TITLE  IV:  SPECIAL  PROVISIONS  RELATING  TO  FISHING  FOR  CERTAIN 
MARINE  ORGANISMS 

Article  23 

Restrictions  on  fishing  for  herring 

1. 

a) 

b) 

c) 

d) 

It  is  prohibited  to  retain  on  board  herring  which  are  caught  within  the  geographical 
areas  and  during  the  periods  mentioned  below  : 

from  1 January  through  50  April,  within  the  geographical  area  situated  to  the  north 
east  of  a  line  drawn  between  Mull  of  Kintyre  and  Corsewall  Point. 

from  1  July  through  31  October,  within  the  geographical  area  bounded  by  the 
following  coordinates: 

the  west  coast  of  Denmark  at  latitude  55°30'N, 
latitude  55°30'N,  longitude  07°00'E, 
latitude  57°00'N,  longitude  07°00'E, 
the  west  coast  of  Denmark  at  latitude  57°00'N. 

from  15 August  through  15 September,  within  the zone extending  from  six to  twelve 
miles  off  the  east  coast  of  the  United  Kingdom  as  measured  from  the  baselines 
between  latitudes  55°30'N  and  55°45'N. 

from  15 August through 30 September, within the geographical  area bounded by a line 
joining  the  following  points: 

the  Butt  of  Lewis, 

- 
-  Cape  Wrath, 
- 
- 
- 
- 
- 

latitude  58°55'N,  longitude  05°00'W, 
latitude  58°55'N,  longitude  07°10'W, 
latitude  58°20'N,  longitude  08°20'W, 
latitude  57°40'N,  longitude  08°20'W, 
the  west  coast  of North  Uist  at  latitude  57°40'N, then  along  the  north  coast  of the 
island  as  far  as  latitude  57°40'36"N,  longitude  07°20'39"W, 
latitude  57°50'3"N,  longitude  07°8'6"W, 

- 
-  north-east  along  the  west  coast  of  Lewis  as  far  as  the  point  of  departure  (Butt  of 

Lewis). 

e) 

•  from  15 August  through  30  September,  within the  zone extending  from  six to  twelve 
miles  off  the  east  coast  of  the  United  Kingdom  as  measured  from  the  baselines 
between  latitudes  54°10'N  and  54°45'N. 

11 

f) 

from  21  September  through  31  December,  within  the  parts  of  ICES  Division  Vila 
bounded  by  the  following  coordinates: 

- 
- 
- 
- 
- 

the  east  coast  of  the  Isle  of  Man  at  latitude  54°20'N, 
latitude  54°20'N,  longitude  3°40'W, 
latitude  53°50'N,  longitude  3°50'W, 
latitude  53°50'N,  longitude  4°50'W, 
the  south-west  coast  of  the  Isle  of  Man  at  longitude  4°50'W. 

and 

- 
- 
- 
- 

the  east  coast  of Northern  Ireland  at  latitude  54°15'N, 
latitude  54°15'N,  longitude  5°15'W, 
latitude  53°50'N,  longitude  5°50'W, 
the  east  coast  of  Ireland  at  latitude  53°50'N. 

g) 

h) 

i) 

throughout  the year  within  ICES Division  Vila,  in the  geographical  area between  the 
west  coasts  of  Scotland,  England  and  Wales, and  a line drawn twelve  miles  from  the 
baselines  of  the  coasts  bounded  to  the  south  by  latitude  53°20'N  and  the  north-west 
by  a line  drawn  between  the Mull of Galloway  (Scotland)  and the  Point  of Ayre  (Isle 
of  Man). 

throughout  the  year  within  Logan  Bay,  defined  as  being  the  waters  east  of  a  line 
drawn  from  the  Mull  of  Logan  situated  at latitude  54°44'N  and  longitude  4°59'W,  to 
Laggantalluch  Head,  situated  at  latitude  54°41'N  and  longitude  4°58'W. 

In  1998  and  every  third  year  afterwards,  and  throughout  the  year  ,  within  the  area 
bounded  by  the  following  coordinates: 

- 
- 
- 
- 
- 

the  south  coast  of  Ireland  at  longitude  9°00'W, 
latitude  51 ° 15'N,  longitude  9°00'W, 
latitude  51°15'N,  longitude  7°30'W, 
latitude  52°00'N,  longitude  7°30'W, 
the  south-east  coast  of  Ireland  at  latitude  52°00'N. 

j) 

In  1999  and  every  third  year  afterwards,  within  the  areas  bounded  by  the  following 

coordinates  : 

•  i)  from  15 January  through  31  January: 

the  south-east  coast  of  Ireland  at  latitude  52°00'N, 
latitude  52°00'N,  longitude  6°00'W, 
latitude  52°30'N,  Longitude  6°00'W, 
the  south-east  coast  of  Ireland  at  latitude  52°30'N. 

12 

ii)  from  1 November  through  15 November: 

- 
- 
- 
- 
- 

the  south  coast  of  Ireland  at  longitude  9°00'W, 
latitude  51°15TSI, longitude  9°00'W, 
latitude  51 ° 15*N, longitude  11 °00*W, 
latitude  52°30*N,  longitude  11°00'W, 
the  east  coast  of  Ireland  at  latitude  52°30'N. 

2.. 

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

Article  24 

Restrictions  on  fishing  for  sprat  to  protect  herring 

1. 

a) 

b) 

c) 

2. 

It is prohibited  to retain on board sprat which are caught within the geographical  areas 
and  during  the  periods  mentioned  below : 

from  1 January  through  31 March,  and  from  1 October  through  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 
55°00'N  to  a  point  at  longitude  1°00'W,  from  there  due  north  to  a  point  at  latitude 
55°30'N  and  from  there  due  west  to  the  United  Kingdom  coast. 

from  1 January  through  31 March,  and  from  1 October  through  31 December,  within 
the inner waters  of the Moray  Firth west of longitude  3°30'W, and  in the  inner  waters 
of  the  Firth  of  Forth  west  of  longitude  3°00'W. 

from  1  July  through  31  October,  within  the  geographical  area  bounded  by  the 
following  coordinates: 

- 
- 

the  west  coast  of  Denmark  at  latitude  55°30'N, 
latitude  55°30'N,  longitude  07°00'E, 
latitude  57°00'N,  longitude  07°00'E, 
the  west  coast  of  Denmark  at  latitude  57°00'N. 

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

Article  25 

Restrictions  on  fishing  for  mackerel 

1. 

It  is prohibited  to retain  on board  mackerel  which  are caught  within  the  geographical 
area  bounded  by  the  following  coordinates: 

13 

-  a point  on  the  south  coast  of  the  United  Kingdom  at  longitude  02°00'  W, 
- 
- 
-  a point  on  the  west  coast  of  the  United  Kingdom  at  latitude  52°00' N, 

latitude  49°30" N,  longitude  02°00'  W, 
latitude  49°30* N,  longitude  07°00'  W, 

unless  the  weight  of  the  mackerel  does  not  exceed  15%  by  weight  of  the  total 
quantities of mackerel  and other species 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  bottom  trawls,  Danish  seines  or  other  similar  towed  nets, 
provided  that they  have  on board  a minimum  of  75% by weight  of marine  organisms 
with the exception of anchovy, herring, horse mackerel, mackerel, pelagic cephalopods 
and  sardine, calculated  as a percentage  of the total  weight  of all the  species  on  board; 

(c)  to  vessels  in  transit  through  this  area,  provided  that  all  fishing  gear  is  stowed  in 
accordance  with  the  provisions  laid  down  in  Article  20  paragraph  1  of  Council 
Regulation  (EEC)  No  2847/93; 

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

Article  26 

Restrictions  on  fishing  for  anchovy 

1. 

2. 

It  is  prohibited  to  retain  on  board  anchovy  which  are  caught  using  pelagic  trawls  in 
ICES  Division  VIIIc. 

Within  that  Division,  it  is prohibited  simultaneously  to  carry  on board  pelagic  trawls 
and  purse  seines. 

Article  27 

Restrictions  on  fishing  for  tuna 

1. 

2. 

It  is  prohibited  to  retain  on  board  any  quantity  of  skipjack,  bigeye  or  longfin  tuna 
which  are caught  using  purse  seines  in waters under the  sovereignty  or jurisdiction  of 
Portugal  in ICES  sub-area X north of 36°30'N, or in CECAF  areas north  of 31°N  and 
east  of  17°30'W. 

It  is  prohibited  to  retain  on  board  tuna  which  are  caught  using  drift  nets  in  waters 
under  the  sovereignty  or jurisdiction  of  Spain  or Portugal  in ICES  sub-areas  VIII, IX 
or  X,  or,  in  CECAF  areas  around  the  Canary  Islands. 

14 

Article  28 

Restrictions  on  fishing  for  shrimps  to  protect  flatfish 

1. 

It is prohibited to retain on board any quantity of common shrimps and Aesop  shrimps 
caught with demersal towed gear having any mesh size between  16 and 31 millimetres 
unless: 

-  the  vessel  has  permanently  installed  on  board  a  functioning  sieve  designed  to 
separate juvenile  flatfish  from  common  shrimps  and  Aesop  shrimps,  and, 

-  a separator  trawl  or a net with a sorting grid is being used  for  catching  said  species. 

2. 

However,  it  is permitted  to  retain  quantities  of  common  shrimp  or  Aesop  shrimp  on 
board  of  fishing  vessels  that  do  not  comply  with  the  provisions  laid  down  in 
paragraph  1,  provided  these  quantities  do  not  exceed  5%  of  the  total  weight  of  the 
marine  organisms  on  board. 

Article  29 

Restrictions  on  fishing  for  salmon  and  sea  trout 

1. 

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

-  within  the  waters  situated  outside  the  12-mile  limit  measured  from  Member  States' 
baselines  in  regions  1,2,3  and  4, 

-  by  way  of  derogation  from  Article  2  paragraph  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. 

This  article  shall  not  apply  to  salmon  and  sea  trout  taken  within  the  Skagerrak  and 
Kattegat. 

Article  30 

Restrictions  on  fishing  for  Norway  pout  to  protect  other  roundfish 

1. 

It is prohibited  to retain  on board Norway  pout which are caught  with  any towed  gear 
in  the  area  which  is  bounded  by  a line joining  the  following  points: 

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

then  running  north  to  58°N,  west  to  0°30'W,  north to  59°15'N,  east  to  1°E,  north 
to  60°N,  west  to  longitude  0°00*, 

15 

- 

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

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

2. 

However,  it  is  permitted  to  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  said 
area  with  said  gear. 

Article  31 

Restrictions  on  fishing  for  hake 

1. 

a) 

It  is  prohibited  to  fish  with  any  trawl,  Danish  seine  or  similar  towed  net  in  the 
geographical  areas  and  during  the  periods  mentioned  below  : 

from  1 April  to  31 July,  within  the  geographical  areas  bounded  by  a  line joining  the 
following  coordinates: 

- 
- 
- 
- 

latitude  51°35'N,  longitude  11°40'W, 
latitude  51°35'N,  longitude  11°25'W, 
latitude  51 °25'N,  longitude  11 °25'W, 
latitude  51 °25'N,  longitude  11 °40'W. 

b) 

from  1 May  to  31  July,  within  the  geographical  areas  bounded  by  a  line joining  the 
following  coordinates: 

- 
- 
- 
- 

latitude  51 °00'N,  longitude  11 °35'W, 
latitude  51°00'N,  longitude  H°25'W, 
latitude  49°40'N,  longitude  H°25'W, 
latitude  49°40'N,  longitude  11°35'W. 

and 

latitude  50°30'R  longitude  10°30'W, 
latitude  50°30'N,  longitude  09°20'W, 
latitude  50°45'N,  longitude  09°20'W, 
latitude  50°45'N,  longitude  10°30'W. 

and 

latitude  51°45'N,  longitude  14°30'W, 
latitude  51°45'N,  longitude  13°00' W, 
latitude  52°30'N,  longitude  13°00'W, 
latitude  52°30'N,  longitude  14°30'W. 

16 

and 

- 
- 
- 
- 

latitude  48°10*N,  longitude  09°40*W, 
latitude  48°10'N,  longitude  09°10'W, 
latitude  48°40'N,  longitude,  09°10'W, 
latitude  48°40'N,  longitude  09°40'W. 

c) 

from  1 September  to  31  December,  within  the  geographical  area  bounded  by  a  line 
joining  the  following  coordinates  : 

- 

- 
- 
- 

the  point  on  the  north  coast  of  Spain  called  Cabo  Prior  (latitude  43°34'N, 
longitude  8°19'W), 
latitude  43°50'N,  longitude  8°19'W, 
latitude  43°25'N,  longitude  9°12'W, 
the  point  on  the  west  coast  of  Spain  called  Cabo  Villano  (latitude  43°10'N, 
longitude  9°12'W). 

d) 

from  1  October  to  31  December,  within  the  geographical  area  bounded  by  a  line 
joining  the  following  coordinates  : 

-  the  point  on  the  west  coast  of  Spain  called  Cabo  Corrubedo  (latitude  42°35'N, 

longitude  9°05'W), 

-  latitude  42°35'N,  longitude  9°25'W, 
-  latitude  43°00'N,  longitude  9°30'W, 
-  the  point  on  the  west  coast  of  Spain  at  latitude  43°00'N. 

e) 

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  37°50'N, 
- 
- 
-  a  point  on  the  west  coast  of  Portugal  at  latitude  37°00'N. 

latitude  37°50'N,  longitude  9°03'W, 
latitude  37°00*N,  longitude  9°06'W, 

1) 

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: 

- 
- 
- 
• - 
- 
- 
- 
- 
- 
- 
- 

latitude  41°32T'N,  longitude  09°07'3"W, 
latitude  41°20'7"N,  longitude  09°05T"W, 
latitude  41 ° 12'0"N,  longitude  09°02'7"W, 
latitude  41°02'8"N,  longitude  08°59'0"W, 
latitude  40°38'5"N,  longitude  09°04'6"W, 
latitude  40°27'5"N,  longitude  09°08'2"W, 
latitude  40° 11T"N,  longitude  09°13'8"W, 
latitude  40°11T"N,  longitude  09°33'5"W, 
latitude  40°27'5"N,  longitude  09°32,0"W, 
latitude  40°38*5"N,  longitude  09°19'5"W, 
latitude  41°02'8"N,  longitude  09°19*0"W, 

17 

- 
- 
- 

latitude  4ri2'0"N,  longitude  09° 16' 1 "W, 
latitude  41°207"N,  longitude  09°07'8"W, 
latitude  41°32'1"N,  longitude  09°14T'W. 

Additionally,  is prohibited to fish with demersal fixed gears in the are^ and during the 
period  mentioned  above. 

g) 

Throughout  the  year,  within  the  geographical  areas  bounded  by  a  line  joining  the 
following  coordinates: 

- 
- 
- 
- 

latitude  47°40'N,  longitude  4°40'W, 
latitude  47°28'N,  longitude  4°40'W, 
latitude  47°23'N,  longitude  3°45'W, 
latitude  47°35'N,  longitude  3°45'W. 

and 

- 
- 
- 
- 

latitude  46°50'N,  longitude  3°31'W, 
latitude  45°55'N,  longitude  2°45'W, 
latitude  46°15'N,  longitude  2°35'W, 
latitude  46°50'N,  longitude  3°20'W. 

and 

- 
- 
- 
- 

latitude  45°55'N,  longitude  2°40'W, 
latitude  45°45'N,  longitude  2°40'W, 
latitude  45°45'N,  longitude  1°55'W, 
latitude  45°55'N,  longitude  2°00'W. 

2. 

3. 

Within  the  zones  and  during the periods referred  to in paragraph  1, it is prohibited  to 
carry  on  board  any  towed  net,  unless  such  a  net  is  stowed  in  accordance  with  the 
provisions  laid  down  in  Article  20  paragraph  1  of  Council  Regulation  (EEC)  No 
2847/93. 

Within the zones, and outside of the periods referred  to in paragraph  1, it is prohibited 
to  carry  on  board  or to use  any towed  net with  a minimum  mesh  size  of  less  than  80 
millimetres. 

Article  32 

Restrictions  on  fishing  for  plaice 

1. 

It  is  prohibited  for  any  vessel  exceeding  8  metres  length  overall  to  use  any  beam 
trawl,  otter  trawl  or  bottom  pair  trawl  inside  the  following  geographical  areas: 

(a)  the  area  within  12  miles  of  the  coasts  of  France,  north  of  latitude  51°00'  N, 
Belgium,  and  the Netherlands  up  to  latitude  53°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  57°00'N, 
- 
- 
- 
- 
- 
- 
- 
- 
- 
- 
- 
- 
-  a point  on  the  coast  of  the Netherlands  at  latitude  53°00'N. 

latitude  57°00*N, longitude  7°15'E, 
latitude  55°00'N,  longitude  7°15'E, 
latitude  55°00'N,  longitude  7°00'E, 
latitude  54°30'N,  longitude  7°00'E, 
latitude  54°30'N,  longitude  7°30*E, 
latitude  54°00'N,  longitude  7°30'E, 
latitude  54°00'N,  longitude  6°00'E, 
latitude  53°50'N,  longitude  6°00'E, 
latitude  53°50*N, longitude  5°00*E, 
latitude  53°30'N,  longitude  5°00'E, 
latitude  53°30'N,  longitude  4°15'E, 
latitude  53°00'N,  longitude  4°15'E, 

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

(a)  However,  vessels 

-  whose  names  and  technical  characteristics  are  contained  on  a  list  which  shall  be 
drawn  up  in  accordance  with  the  procedure  laid  down  in  Article  52, 
-  and  to  which  a  special  fishing  permit  has  been  issued  in  accordance  with  Article  7 
paragraph  3 of  Council  Regulation  (EEC) No  1627/94  of  27  June  1994, 

are  authorized  to  fish  in  said  areas  using  beam  trawls. 

(b) Vessels  which  may  appear  on the list referred  to in subparagraph  (a) must  comply 
with  the  following  criteria: 

- be listed  on the nominative list of vessels contained  in Commission  Regulation (1-1-
1996), 

- their  engine  power  does not  exceed  221 kW and,  in the  case  of  derated  engines  did 
not  exceed  300  kW  before  derating. 

(c) Any  individual  vessel  on the list  may  be replaced  by another  vessel,  provided  that 

-  the  engine  power  of  the  replacement  vessel  does  not  exceed  that  of  the  vessel 
replaced  and 

-  the  length  overall  of  the  replacement  vessel  does  not  exceed  24  metres. 

(d)The  engine  of  any  individual  vessel  on  the  list  may  be  replaced,  provided  that 

-  the  replacement  engine  is  not  derated  and 

-  the  power  of  the  replacement  engine  does  not  exceed  that  of  the  engine  replaced. 

19 

3. 

Notwithstanding  paragraph  2 subparagraph  (a), it is prohibited  to use  any  beam  trawl 
of  which  the  beam  length  or  beam  trawls  of  which  the  aggregate  beam  length  is 
greater  than  9  metres,  or  can  be  extended  to  a  length  greater  than  9  metres,  except 
when  operating  with  gear  having  a mesh  size  between  16 and  31  millimetres. 

4. 

a)  By  way  of  derogation  from  paragraph  1: 

-  vessels  whose  engine  power  does  not  exceed  221  kW  and,  in  the  case  of  derated 
engines did not exceed  300 kW before  derating, are authorized  to fish in said areas 
using  otter  trawls. 

-  paired  vessels  whose  combined  engine power  does not exceed  221 kW and, in the 
case  of  derated  engines  did  not  exceed  300  kW  before  derating,  are  authorized  to 
fish  in  said  areas  using  bottom  pair  trawls. 

b)  However,  vessels  whose  engine  power  exceeds  221  kW  shall  be  permitted  to  use 
otter trawls, or paired vessels whose combined engine power exceeds 221 kW shall 
be  permitted  to  use  bottom  pair  trawls,  provided  that: 

(i) 

the  catch  retained  on  board  consists  of  sand-eel  and/or  sprat,  and  constitutes  at 
least  90% of  the  total  weight  of  the  marine  organisms  on  board,  and, 

(ii)  the  quantities  of  plaice  and/or  sole  retained  on  board  do  not  exceed  2%  of  the 

total  weight  of  the  marine  organisms  on  board, 

or 

(iii)  the  mesh  size  used  is at  least  110 millimetres,  and 

(iv)  the  quantities  of  plaice  and/or  sole  retained  on  board  do  not  exceed  5%  of  the 

total  weight  of  the  marine  organisms  on  board. 

5. 

6.. 

7. 

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

Detailed  rules  for  the  implementation  of this  article  shall  be  drawn  up  in  accordance 
with  the  procedure  laid  down  in  Article  52. 

Within  areas  where  beam  trawls,  otter  trawls  or  bottom  pair  trawls  may  not  be  used, 
it is prohibited  to carry  on board  such nets, unless they  are stowed  in accordance  with 
the  provisions  laid  down  in  Article  20 paragraph  1 of  Council  Regulation  (EEC)  No 
2847/93. 

20 

Article  33 

Restrictions  on  fishing  for  sole  and  plaice 

From  1  February  to  31  May  it  is  prohibited  to  fish  with  any  demersal  towed  gear  in  the 
geographical  area  bounded  by  a  line joining  the  following  coordinates: 

- 

a  point  on  the  west  coast  of  the  United  Kingdom  at  longitude  03°40'W, 
latitude  53°40'N,  longitude  03°40'W, 
a  point  on  the  west  coast  of  the  United  Kingdom  at  latitude  53°40'N. 

Article  34 

Restrictions  on  fishing  for  demersal  fish 

From  1  March  to  30  April  it  is  prohibited  to  fish  with  any  demersal  towed  gear  in  the 
geographical  area  bounded  by  a  line joining  the  following  coordinates: 

- 
- 
- 

a  point  on  the  west  coast  of  the  United  Kingdom  at  latitude  50°15'N, 
latitude  50°15'N,  longitude  06°00'W, 
latitude  51°00'N,  longitude  06°00'W, 
latitude  51°00'N,  longitude  04°40*W, 
a  point  on  the  west  coast  of the  United  Kingdom  at  longitude  04°40W. 

21 

TITLE  V:  RESTRICTIONS  ON CERTAIN TYPES OF FISHING AND  ASSOCIATED 

ACTIVITIES 

Article  35 

Restrictions  on  the  use  of  beam  trawls 

1. 

2. 

It  is  prohibited  for  a vessel  to  have  on board  or  to  use  any  beam  trawl  of  which  the 
beam length, or 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. 

It  is  prohibited  for  a vessel  to  have  on  board  or to  use  any  beam  trawl  of  which  the 
minimum  mesh  size  lies  between  32  and  109  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  55°N, 
-  then  east  to  latitude  55°N,  longitude  05°E, 
-  then  north  to  latitude  56°N, 

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

(b)  the  area  west  of  Scotland  north  of  latitude  56°N. 

Article  36 

Unconventional  fishing  methods 
It is prohibited fish with methods incorporating the use of explosives, poisonous or  stupefying 
substances,  electric  current,  or  guns. 

Article  37 

Restrictions  on  the  use  of  automatic  sorting  equipment 

1. 

2. 

It  is  prohibited  for  vessels  carrying  or  using  either  towed  gear  with  a  mesh  size 
smaller  than  55  mm  or  purse  seines  to  carry  automatic  sorting  equipment  on  board. 

However,  freezer  vessels  shall  be authorized  to carry  automatic  sorting  equipment  on 
board, provided  that  its sole  function  is commercial  grading of all the fish caught  and 
intended  for  freezing.  Automatic  sorting  equipment  must  be  installed  in  such  a  way, 
that following  grading the catch is immediately  frozen  for marketing and cannot  easily 
be  discarded  into  the  sea. 

22 

Article  38 

Restrictions  on  the  use  of  purse  seines 

1. 

2. 

It is prohibited to undertake any encirclement with purse seines of any school or group 
of  marine  mammals. 

Notwithstanding  Article  1, paragraph  1 of the current  article  shall  apply  to all  vessels 
flying  the  flag  of,  or  registered  in  a Member  State,  in  all  waters. 

Article  39 

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

1. 

2. 

3. 

4. 

5. 

6. 

It  is prohibited  for  any  vessel  to use  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. 

However, vessels in any of the following  categories are authorized to fish in said areas 
using  beam  trawls: 

"•b 

(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. 

Notwithstanding  paragraph 2, it is prohibited to use any beam trawl of which the beam 
length  or  beam  trawls  of  which  the  aggregate  beam  length  is  greater  than  9  metres, 
or can be extended  to a length greater than 9 metres, except when operating  with  gear 
having  a  mesh  size  between  16 and  31  millimetres. 

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. 

Detailed  rules  for  the  implementation  of this  article  shall  be  drawn  up  in  accordance 
with  the  procedure  laid  down  in  Article  52. 

The vessels which may not use beam trawls are prohibited to carry  on board  such nets 
within  the  areas  referred  to  in this  article, unless  they  are  stowed  in  accordance  with 
the  provisions  laid  down  in  Article  20 paragraph  1 of  Council  Regulation  (EEC)  No 
2847/93. 

23 

TITLE  VI:  SPECIFIC  PROVISIONS  FOR  THE  SKAGERRAK  AND  KATTEGAT 

Article  40 

Notwithstanding Article 21 paragraph  1, undersized marine organisms caught in the Skagerrak 
or  Kattegat  may  be  retained  on  board,  or  be  transhipped,  landed,  transported,  stored,  sold, 
dispayed  or  offered  for  sale  within  a limit  of  10% by weight  of the total  catches  retained  on 
board. 

Article  41 

Salmon  and  sea  trout  must  not  be  retained  on  board  or  be  transhipped,  landed,  transported, 
stored,  sold,  displayed  or  offered  for  sale,  but  must  returned  immediately  to  the  sea,  when 
taken within any part of the Skagerrak and Kattegat situated outside the 4-mile-limit measured 
from  Member  States'  baselines. 

Article  42 

1. 

It  is  prohibited  to  use  trawls  having  a  mesh  size  of  less  than  32  mm  from  1 July 
through  15 September  in the waters situated  within three miles of the baselines  in the 
Skagerrak  and  Kattegat. 

2. 

However,  when  trawling  within  said  waters  and  during  said  period: 

- for  northern  shrimp, nets with a minimum mesh  size of 30 millimetres  may  be used, 

-  for  eelpout  (Zoarces  viviparus),  gobies  (Gobiidae)  or  scorpion  fish  {Cottus spp.)  to 
be  used  as  bait,  nets  with  any  mesh  size  may  be  used. 

Article  43 

It  is  prohibited  to  retain  on  board  any  quantity  of  herring,  mackerel  or  sprat  caught  using 
trawls or purse  seines between  Saturday midnight and Sunday midnight in the Skagerrak,  and 
between  Friday  midnight  and  Sunday  midnight  in  the  Kattegat. 

Article  44 

It  is  prohibited  to  use  any  beam  trawl  in  the  Kattegat. 

Article  45 

During  the periods  and  within  the  areas referred  to in articles 42, 43 and 44, where  trawls  or 
beam  trawls  may  not  be  used,  it  is  prohibited  to  carry  on  board  such  nets,  unless  they  are 
stowed  in  accordance  with  the  provisions  laid  down  in  Article  20  paragraph  1 of  Council 
Regulation  (EEC)  No  2847/93. 

24 

Article  46 

Notwithstanding  Article  36,  it  shall  be  permitted  to  use  electric  current  or  harpoon  guns  to 
catch  tuna  and  basking  shark  (Cetorhinus  maximus)  in the  Skagerrak  and  Kattegat. 

25 

TITLE  VII:  TECHNICAL  PROVISIONS 

Article  47 

Processing  operations 

It  is prohibited  to  carry  out  on board  a fishing  vessel  any physical  or chemical  processing  of 
fish to produce  fish-meal,  fish-oil,  or similar products, or to tranship  catches  of  fish  for  such 
purposes.  This  prohibition  shall  not  apply  to  the  processing  of  offal. 

Article  48 

Scientific  research 

1. 

This regulation  shall  not  apply  to fishing  operations  conducted  solely  for  the  purpose 
of  scientific  investigations,  which  are  carried  out  with  the  permission  and  under  the 
authority  of  the  Member  State  or  Member  States  concerned,  and  of  which  the 
Commission  and  the  Member  State  or Member  States  in whose  water  the  research  is 
carried  out  have  been  informed  in  advance. 

2. 

Marine  organisms  caught  for  the  purposes  specified  in  paragraph  1  may  be  sold, 
stored,  displayed  or  offered  for  sale, provided  that: 

-  they  meet  the  standards  laid  down  in Annex  VII  of  the  present  regulation  and  the 
marketing  standards  adopted  pursuant  to  Article  2  of  Council  Regulation  (EEC)  No 
3759/92  of  17 December  1992  on the  common  organization  of the  market  in  fishery 
and  aquaculture  products,  or 

- they  are  sold  directly  for  purposes  other  than  human  consumption. 

Article  49 

Artificial  restocking  and  transplantation 

1. 

2. 

This  regulation  shall  not  apply  to  fishing  operations  carried  out  during  the  course  of 
artificial  restocking  or  transplantation  of  marine  organisms. 

Marine  organisms  caught  for  the purposes  set out  in paragraph  1 may  not  be used  for 
any  other  purposes. 

26 

TITLE  VIII:  FINAL  PROVISIONS 

Article  50 

1. 

2. 

3. 

Where the  conservation  of stocks of marine organisms calls for  immediate  action, the 
Commission  may, in addition to or by way of derogation to this Regulation, adopt any 
measures  necessary  in  accordance  with  the  procedure  referred  to  in  Article  52. 

Where  the  conservation  of  certain  species  or  fishing  grounds  is  seriously  threatened, 
and  where  any  delay  would  result  in  damage  which  would  be  difficult  to  repair,  the 
coastal State may take appropriate non-discriminatory conservation measures in respect 
of  the  waters  under  its jurisdiction. 

The  measures  referred  to  in paragraph  2, together  with  an explanatory  memorandum, 
shall  be  communicated  to  the  Commission  and  the  other  Member  States  as  soon  as 
they  are  adopted. 

Within  10 working  days of receipt of such notification,  the Commission  shall  confirm 
such measures, or require their cancellation or amendment. The Commission's decision 
shall  be  immediately  notified  to  the  Member  States. 

Member  States may refer the Commission's decision to the Council within  10 working 
days  of  receiving  this  notification. 

The Council, acting by a qualified  majority,  may adopt a different  decision within one 
month. 

Article  51 

1. 

Member  States  may  take  measures  for  the  conservation  and  management  of  stocks  : 

(a) 

in the  case of  strictly  local  stocks which  are of interest  solely  to the fishermen  of 
the  Member  State  concerned,  or 

(b)  in  the  form  of  conditions  or  detailed  arrangements  designed  to  limit  catches  by 

technical  measures  : 

(i)  supplementing  those  laid  down  in  the  Community  legislation  on  fisheries,  or 

(ii)  going  beyond  the  minimum  requirements  laid  down  in  the  said  legislation, 

provided  that  such  measures  apply  solely  to  the  fishermen  of  the  Member  State 
concerned,  are  compatible  with  Community  law,  and  are  in  conformity  with  the 
common  fisheries  policy. 

27 

2. 

The  Commission  shall  be  informed,  in  time  for  it to  present  its  observations,  of  any 
plans  to  introduce  or  amend  national  technical  measures. 

If  the  Commission  so  requests  within  one  month  of  such  notification,  the  Member 
State concerned  shall  suspend  the entry  into force  of the measures planned  until  three 
months  have  elapsed  from  the  date  of  the  said  notification,  so  that  the  Commission 
can  decide  within  that  period  whether  the  measures  in  question  comply  with  the 
provisions  of  paragraph  1. 

Where the Commission finds, by a decision which it shall communicate to all Member 
States,  that  a  planned  measure  does  not  comply  with  the  provisions  of  paragraph  1, 
the Member  State concerned  may not bring it into force without making the  necessary 
amendments  thereto. 

The  Member  State  concerned  shall  immediately  inform  the other  Member  States  and 
the  Commission  of the  measures  adopted,  having  made  any  amendments  which  may 
be  necessary. 

3. 

4. 

Member  States  shall  provide  the  Commission,  on  request,  with  all  particulars 
necessary  for  an assessment  of whether their national technical  measures comply  with 
the  provisions  of  paragraph  1. 

At  the  instigation  of  the  Commission,  or  at  the  request  of  any  Member  State,  the 
question  of whether a national technical measure applied by a Member  State  complies 
with paragraph  1 may  be subject  of a decision taken in accordance  with the  procedure 
laid  down  in  Article  52.  Should  such  a  decision  be  taken,  the  third  and  fourth 
subparagraphs  of  paragraph  2  shall  apply. 

5. 

Measures  relating  to  fishing  from  the  shore  shall  be  communicated  by  the  Member 
State  concerned  to  the  Commission  for  information  purposes  only. 

Article  52 

Detailed  rules  for  the  implementation  of this  regulation  may  be adopted,  in  accordance  with 
the procedure  laid  down  in Article  18 of Council Regulation (EEC) 3760/92  of 20  December 
1992.  These  rules  may  include,  inter  alia: 

technical  rules  for  the  determination  of twine  diameter, 

technical  rules  for  the  determination  of  mesh  size, 

rules  for  sampling, 

lists  and- technical  descriptions  of  devices  that  may  be  attached  to  nets. 

28 

Article  53 

The  following  articles, paragraphs  and  annexes  of  Regulation  ...  are  hereby  repealed  : 

Articles  1 through  8, 

Article  9,  paragraphs  1 and  2,  and the  final  subparagraph  of paragraph  3, 

Article  10, 

Articles  12 through  18, 

annexes  I through  IV. 

References  to  said  regulation  shall  be  construed  as references  to this  regulation  and  shall  be 
read  in  accordance  with  the  correlation  table  set  out  in  Annex  IX. 

Article  54 

This  regulation  shall  enter  into  force  on  the  seventh  day  after  its  publication  in  the  Official 
Journal  of  the European  Communities. 

It  shall  be  applicable  from  ... 

This  regulation  shall  be  binding  in  its  entirety  and  directly  applicable  in  all  Member  States. 

29 

ANNEX 1 
CHECKLIST OF MARINE ORGANISMS 

CODE 

Scientific  Name 

Vernacular  Name 

, 

AES 
ALB 
ANE 

ARG 

BIB 
BET 
CLX 
ARA 
BLI 
WHB 
BOG 
BLL 

COD 
CNZ 
COE 
CTC 
DAB 
DPS 
ELE 

FLE 
PLZ 
FOX 

GUG 
MUL 
GUX 
HAD 

HKE 
HER 
JAX 
LAS 
LIN 
LBE 
LUM 
MAZ 
LEZ 
PRA 
NEP 
NOP 
OCC 

PIC 
DGS 
PIL 
PLE 

Pandalus montagui 
Thunnus alalunga 
Engraulis encrasicolus 
Lophius spp. 
Argentina spp. 
Palaemon adspersus 
Trisopterus  luscus 
Thunnus  obesus 
Bivalvia 
Aristeus antennatus 
Molva dypterygia 
Micromesistius  poutassou 
Boops  boops 
Scophthalmus  rhombus 
Venus  verrucosa 
Gadus  morhua 
Crangon spp. 
Conger conger 
Sepia  officinalis 
Limanda limanda 
Parapenaeus  longirostris 
Anguilla anguilla 
Microc.hirus azevia 
Platichthys  flesus 
Pleuronectidae 
Phycis spp. 
Belone spp. 
Aristaeomorpha foliacea 
Eutrigla gumardus 
Mugilidae 
Triglidae 
Melanogrammus  aeglefinus 
Myxinidae 
Merluccius  merluccius 
Clupea  harengus 
Trachurus spp. 
Petromyzonidae 
Molva molva 
Homarus gammarus 
Cyclopterus lumpus 
Scomber spp. 
Lepidorhombus spp. 
Pandalus  borealis 
Nephrops  norvegicus 
Trisopterus esmarkii 
Octopus vulgaris 
Loligo spp. 
Centracanthidae 
Squalus  acanthias 
Sardina  pilchardus 
Pleuronectes  platessa 

Aesop shrimp 
Albacore, longfin tuna 
Anchovy 
Anglerfish 
Argentine, silver smelt 
Baltic shrimp 
Bib 
Bigeye tuna 
Bivalve  molluscs 
Blue and red shrimp 
Blue ling 
Blue whiting 
Bogue 
Brill 
Clam or warty  venus 
Cod 
Common  shrimp 
Conger 
Cuttlefish 
Dab 
Deepwater  rose shrimp 
Eel 
Eyed sole 
Flounder 
Flounders 
Forkbeards 
Garfish 
Giant red shrimp 
Grey  gurnard 
Grey  mullets, Mullets nei 
Gurnards 
Haddock 
Hagfish 
Hake 
Herring 
Horse  mackerel 
Lampreys 
Ling 
Lobster 
Lumpsucker 
Mackerel 
Megrim 
Northern  shrimp 
Norway  lobster 
Norway  pout 
Octopus 
Pelagic  cephalopods 
Picarels 
Picked dogfish 
Pilchard or sardine 
Plaice 

3o 

ANNEX 1 
CHECKLIST OF MARINE  ORGANISMS 

CODE 

Scientific  Name 

Vernacular  Name 

POL 
PAN 

MUM 
SCO 
POK 
SAL 

SAN 
SCE 
BSS 
SBX 
TRS 
OMZ 
SKJ 
SOL 
SCR 
SCL 
SPR 
LTA 
TUS 
TUR 
CET 
TRA 
WHG 
WRA 

Pollachius  pollachius 
Pandalus spp. 
Coris julis 
Mullidae 
Scorpaenidae 
Pollachius virens 
Salmo salar 
Salmonidae 
Ammodytes spp. 
Pecten  maximus 
Dicentrarchus  labrax 
Sparidae 
Salmo trutta 
Ommastrephidae 
Katsuwonus  pelamis 
Solea vulgaris 
Maja  squinado 
Scyliorhinus spp. 
Sprattus  sprattus 
Auxis spp., Euthynnus spp. 
Katsuwonus spp., Thunnus spp. 
Psetta  maxima 
Dicologoglossa  cuneata 
Trachinidae 
Merlangius  merlangus  -
Labridae 

Pollack 
Prawns 
Rainbow wrass 
Red mullets 
Rockfish 
Saithe 
Salmon 
Salmonids 
Sand eel 
Scallop 
Sea bass 
Sea breams 
Sea trout 
Shortfinned squids 
Skipjack tuna 
Sole 
Spinous spider crab 
Spotted dogfish 
Sprat 
Tuna 
Tuna 
Turbot 
Wedge sole 
Weevers 
Whiting 
Wrasses 

30 

ANNEX 
Kattegat) 

II. 

Minimum  mesh  sizes  and  target  species  in  Regions  1,  2,  3  and  4(except  Skagerrak  and 

Target  species 

0-15 

16-31 

32-54(4) 

5 5 - 6 0w 

70-79(l><4> 

80.109<1)(4)(6) 

>110(1) 

Mesh  size  range  (mm) 

Minimum  percentage  of  target  species 

90 

30 

90 

70 

40 

70 

none 

* 

* 
* 
* 
* 
* 
* 

* 

* 
* 
* 
* 
* 
* 

* 
* 
* 
* 
* 
* 
* 

* 
* 
* 

* 

* 

* 

* 
* 
* 
* 
* 
* 

* 

* 
* 
* 
* 
* 
* 

* 
* 
* 
* 
* 
* 
* 
* 
* 
* 
* 
* 

* 

* 

* 
* 
* 
* 
* 
* 
* 
* 
* 
* 
* 

* 

* 
* 
* 
* 
* 
* 

* 

* 
* 
* 
* 
* 
* 

* 
* 
* 
* 
* 
* 
* 
* 
* 
* 
* 
* 

* 

* 
* 

* 
* 
* 
* 
* 
* 

* 

* 

95 

* 

spp.) 

Sand  eel 

(Ammodytidae)a) 

(Ammodytidaef^ 

Sand  eel 
esmarkii)(>) 
Norway  pout  (Trisopterus 
Shrimps  (Pandalus  montagui,  Crangon 
Sprat  (Sprattus 
Eel  (Anguilla 
Anchovy  (Engraulis 

encrasicholus) 

anguilla) 

sprattus) 

Prawns  (Pandalus 

spp.)0) 

Mackerel  (Scomber 
spp.) 
Horse  mackerel  (Trachurus 
Herring  (Clupea 
harengus) 
Blue  Whiting  (Micromesistius 
Sardine  (Sardina 
Pelagic  cephalopods  (Loligo 

pilchardus) 

spp.) 

poutassou) 

spp.) 

longirostris)m 

acexia) 

(Ommastrephidae) 

(Sparidae) 
(Scorpaenidae) 

Shrimp  (Parapenaeus 
Sea  breams 
Rockfish 
Fyed  sole  (Microchirus 
Short-finned  squids 
Conger  (Conger 
Forkbeard  (Phycis 
Weevers 
Gurnards 
Picarels 
Red  mullets 
Octopus  (Octopus 

conger) 
spp.) 
(Irachinidae) 
(Triglidae) 
(Centracanthidae) 
(Mullidae) 

vulgaris) 

* 

* 
* 
* 
* 
* 
* 

* 

* 
* 
* 
* 
* 
* 

* 

* 

* 

* 
* 
* 
* 

* 
* 
* 
* 
* 
* 

* 

* 
* 
* 
* 
* 
* 

* 

* 
* 
* 
* 
* 
* 

* 
* 
* 
* 
* 
* 
* 
* 
* 
* 
* 
* 

Norway  lobster  (Nephrops 
Shrimps  (Aristeus  antennatus 
Arislaeomorpha 

foliacea) 

norvegicus) 

and 

vulgaris) 

Sole  (Solea 
Plaice  (Pleuroncctes 
Hake  (Merluccius 
Megrim  (iepidorhombus 
Whiting  (Merlangius 
Brill  (Scophthalmus 
Pollack  (Pollachius 
Dab  (Limanda 
Cuttlefish  (Sepia 
Sea  bass  (Dicentrarchus 
Flounder  (Platichtys 

platessa) 
merluccius) 
spp.) 
merlangus) 

rhombus) 
pollachius) 

limanda) 

officinalis) 

labrax) 

flesus) 

/Ml  other  marine  organisms 

(1)  Mandatory  use  of  square  mesh  panels,  in  accordance  with  article  7. 
(2)  In  areas  and  times  of  the  year  other  than  those  specified  in  footnote  (3). 
(3)  In  the  North  Sea.  from  1 November  to  the  last  day  of  February.  In  Region  3. 
(4)  See  Article  35.2. 
(5)  See  Article  30. 
(6)  See  Article  3 1. 
(7)  See  Article  8.3. 
(S)  See  Article  S.4. 

2 >£ 

ANNEX  III.  Minimum  mesh  sizes  and  target  species  in  Skagerrak  and  Kattegat 

Species 

0-15 

16  -  31 

3 2 - 69 

70-89 

>90 

Minimum  percentage  of  target  species 

Mesh  size  range  (mm) 

Sand  eel 

(Ammndyiidae)'" 

50% 

8 0% 

• 

* 

20% 

* 

(Trisap/enisesmarkii) 

(Micromcsisiiuspouiassou) 

fl'nicliinusdraco)'" 

(Anguillaanguilla) 

Sand  eel  (Ammodylidae)'*' 
Norway  pout 
Eel 
Blue  whiting 
Greater  weever 
Molluscs  (except  Sepia)"* 
Garfish  (Reloue  belone/" 
Gray  gurnard 
Argentine  (Argentinaspp.  ) 

(liiilri^la^urnardus)'" 

Common  shrimp/Baltic  shrimp  (Crangonxpp. 
iidspersus)'1' 

I'alaemon 

* 

(Scomberspp.) 

Mackerel 
Horse  mackerel  (Trachurusspp 
Herring  (( 'lupea  harengus) 
Sprat 

(Sprollussprallus) 

i 

Northern  shrimp 
Common  shrimp/Baltic  shrimp  il'rcingtmspp, 
udspersusf 

(I'andalusborealis) 

I'alaemon 

Whiting  (Merlangiusnierlanpis 
Norway  lobster 

(Xephropsnorvcgiais) 

i 

All  other  marine  organisms 

6 0% 

20% 

50  % 

* 

* 
* 
* 

4 

* 
* 
* 
* 

* 

* 
* 

* 

• 

* 

* 

* 

* 

; 

* 

* 

none 

* 

* 

* 

* 

* 

* 

* 

(1)  Only  within  4  miles  from  the  baselines. 
(2)  Outside  4  miles  from  the  baselines. 
(3)  From  1 March  to  31  July. 
(4)  In  Skagerrak,  from  1 November  to  the  last  day  of  February.  In  Kattegat,  from  1 August  to  the  last  day  of 
February. 

13 

ANNEX  IV.  Minimum  mesh  sizes  and  target  species  in  regions  5  and  6. 

A.  Region  5 

Species 

Bogue  {Boops  boops) 
Sardine  {Sardina  pilchardus) 

Mackerel  {Scomber  spp.) 
Horse  mackerel  {Trachurus  spp.) 

All  other  marine  organisms 

B.  Region  6 

Species 

Shrimps  {Penaeus subtilis,  Penaeus 
brasiliensis,  Xiphopenaeus  kroyeri) 

All  species 

Mesh  size range  (mm) 

20-39 

40-64 

>65 

Minimum  percentage  of  target  species 

5 0% 

* 
* 

80% 

None 

* 
* 

* 
* 

* 
* 

* 
* 

* 

Mesh  size range  (mm) 

45-50 

>100 

Minimum  percentage  of target  species 

30% 

* 

None 

* 

* 

z V-

ANNEX  V 

FIXED  GEARS 

Regions  1 and  2 

Species  /  mesh 

Sardine  (Sardina pilch ardus) 
Eel  (Anguilla  anguilla) 
Sprat  (Sprattus  sprattus) 

Horse  mackerel  (Trachurus  spp.) 
Herring  (Clupea  harengus) 
Mackerel  (Scomber  spp.) 
Red  mullets  (Mullidae) 
Garfish  (Belone  spp.) 

Sea  bass  (Dieentrarchus  labrax) 
Grey  mullets  (Mugilidae) 

Dab  (Limanda limanda)' 
Haddock  (Melanogramus  aeglefinus) 
Whiting  (Merlangius  merlangus)(2) 
Flounder  (Platichthys  flesus) 
Sole  (Solea  vulgaris) 
Plaice  (Pleuronectes  platessa) 
Cuttlefish  (Sepia  officinalis) 

Cod  (Gadus  morrhua) 
Pollack  (Pollachius  pollachius)(3) 
Ling  (Molva  molva) 
Saithe  (Pollachius  virens) 
Hake  (Merluccius  merluccius)^ 
Picked  dogfish  (Squalus  acanthias) 
Spotted  dogfish  (Scyliorhinus spp.) 
Megrim  (Lepidorhombus  spp. ) 
Lumpsucker  (Cyclopterus  lumpus) 

Others 

10-30 
mm 

50-70 
mm 

90-99 
mm 

100-119 
mm 

120-220 
mm 

>220 
mm 

* 
* 
* 

* 
* 
* 

* 
* 
* 
* 
* 

* 
* 
* 

* 
* 
* 
* 
* 

* 
* 

* 
* 
* 

* 
* 

* 
* 

* 
* 

* 
* 
* 
* 
* 
* 
* 

* 
* 
* 

* 
* 
* 
* 
* 

* 

* 
* 
* 

* 

* 

* 
* 
* 
* 
* 
* 
* 
* 
* 

* 
* 
* 

* 
* 
* 
* 

* 
* 

* 
* 

* 
* 
* 
* 

* 
* 
* 
* 
* 
* 
* 
* 
* 

*m 

(1)  Catches  of  anglerfish  {Lophius spp.)  taken  from  ICES  divisions  [VI  and  VII] and  retained  on  board  in  excess  of  30  " n 
of  the  total  catch  on  board  from  those  areas  must  be taken  with  a minimum  mesh  size  of  250  mm  or  greater. 
(2)  In  ICES  divisions  Vile and  Vlld,  for  a period  of  [2] years  following  the entry  into force  of this  regulation,  the  minimum 
size  will  be  90  mm. 
(3)  In  ICES divisions  Vile and Vlld,  for  a period  of [2] years following  the entry  into  force  of this  regulation,  the minimum 
size  will  be  110  mm. 

SvP 

ANNEX  VI:  FIXED  GEARS 

Region  3 

Species  /  mesh  size 

Sardine  (Sardina  pilchardus) 
Shrimps  (Palaemon  spp.) 
Rainbow  wrasse  (Coris  julis) 
Bogue  (Boops  boops) 

Shrimps  (Penaeus  spp.) 
Mantis  shrimp  (Squilla  mantis) 
Red  mullets  (Mullidae) 
Wedge  sole  (Dicologoglossa  cuneata) 
Wrasses  (Labridae) 

Horse  mackerel  (Trachurus  spp.) 
Mackerel  (Scomber  spp.) 
Bib  (Trisopterus  luscus) 
Cuttlefish  (Sepia  officinalis) 
Gurnards  (Triglidae) 

Sea breams  (Sparidae) 
Rockfish  (Scorpaenidae) 
Eyed  sole  (Microchirus  acevia) 
Shortfinned  squid  (Ommatostrephidae) 
Conger  (Conger  conger) 
Forkbeard  (Phycis  spp.) 
Brill  (Scophtalmus  rhombus) 
Wee ver s  (Trachinidae) 
Picarels  (Centracanthidae) 

Sea  bass  (Dicentrai'chus  labrax) 
Whiting  (Merlangius  merlangus) 
Turbot  (Psetta  maxima) 
Pollack  (Pollachius  pollachius) 
Flounders  (Pleuronectidae) 

SoleOSo/ea  vulgaris)(]) 
Hake  ( Merluccius  merluccius){]) 
Others(2) 

<40 
mm 

40-49 
mm 

50-59 
mm 

60-79 
mm 

80-99 
mm 

>  100 
mm 

* 
* 
* 
* 

* 
* 
* 
* 

* 
* 
* 
* 
* 

* 
* 
* 
* 

* 
* 
* 
* 
* 

* 
* 
* 
* 

* 
* 
* 
* 

* 
* 
* 
* 
* 

* 
* 
* 
* 
* 

* 
* 
* 
* 
* 
* 
* 
* 
* 

* 
* 
* 
* 

* 
* 
* 
* 
* 

* 
* 
* 
* 
* 

* 
* 
* 
* 
* 
* 
* 
* 
* 

* 
* 
* 
* 
* 

* 
* 
* 
* 

* 
* 
* 
* 
* 

* 
* 
* 

* 

* 
* 
* 
* 
* 
* 
* 
* 
* 

* 
* 
* 
* 
* 

* 
* 
* 

(1)  In ICES divisions  VII.Ic and  IX the minimum  mesh  size will  be 80-99  mm.  However,  for  a period  of  [2] years  following 
the  entry  into  force  of  this  regulation,  the  minimum  mesh  size  will  be  60  mm. 
(2) Catches  of anglerfish  {Lophius spp.)  and  retained  on board  in excess of 30 % of the total  catch  on board  must  be taken 
with  a minimum  mesh  size  of  280  mm  or  greater. 

1 er 

ANNEX VII. Minimum  landing sizes 

Species 

Minimum  landing  size 

Regions  1 to  5 except 

Skagerrak  / 

Skagerrak/Kattegat 

Kattegat 

Cod  (Gadus  morhua) 

Haddock  (Melanogramus  aeglefinus) 

Saithe  (Pollachius  virens) 

Pollack  (Pollachius pollachius) 

Hake  (merluccius  merluccius) 

Megrim  (Lepidorhombus  spp.) 

Sole  (Solea spp.) 

Plaice  (Pleuronectes  platessa) 

Whiting  (Merlangius  merlangus) 

Ling  (Molva  molva) 

Blue  ling  (Molva  dipterygia) 

Bass  (Dicentrarchus  labrax) 

30 cm 

27 cm 

30 cm 

30 cm 

25 cm 

24  cm 

27 cm 

23  cm 

33  cm 

31cm 

37  cm 

26  cm 

26  cm 

20  cm 

24  cm 

17 cm 

25  cm 

63 cm 

10 cm 

36 cm 

Norway  lobster  (Sephrops  norvegicus){]) 

105(30)  mm 

130(40)  mm 

Mackerel  (Scomber  scombrus) 

Herring  (Clupea harengus) 

Horse  mackerel  (Trachurus  trachurus)^ 

Anchovy  (Engraulis  encrasicholus) 

Sardine  (Sardina pilchardus) 

Lobster  (Homarus gammarus)C) 

Spinous  spider  crab  (Maia  squinado) 

Edible  crab  (Cancer pagurus) 

Scallop  (Pccten  maximus) 

Queen  scallop  (Chlamys  spp.) 

Grooved  carpetshell  (Ruditapes  decussatus) 

Carpetshell  (Venerupis  pullastra) 

Short-necked  clam  (Ruditapes  philipinarum) 

Clam  (Venus  verrucosa) 

(1)  Total  length  (carapace  length) 
(2)  30  cm  in  the  North  Sea 
(3)  30  cm  for  industrial  purposes  only. 

20  cm"1 

18 cm 

15 cm 

20  cm<:) 

20  cm 

15 cm 

12 cm 

11 cm 

240(85)  mm 

220  (78) mm 

120 mm 

100 mm 

100 mm 

40  mm 

40  mm 

38 mm 

40 mm 

40 mm 

"M 

ANNEX  VIII 

MEASUREMENT  OF  THE  SIZE  OF  A  MARINE  ORGANISM 

1. 

2. 

3. 

4. 

The  size  of  any  fish  shall  be  measured,  as shown  in  Figure  1, from  the tip  of  the  snout  to  the 
end  of  the  tail  fin. 

The  size  of  a  Norway  lobster  or  a  lobster  shall  be  measured,  as  shown  in  Figures  2  and  3. 
respectively: 

- as the  length  of the carapace, parallel to the midline, from  the back  of either  eye  socket to the 
distal  edge  of  the  carapace,  and/or, 

'  - as the  total  length,  from  the tip of the rostrum  to the rear  end  of the  telson,  not  including  the 

setae,  and/or, 

-  in  the  case  of  detached  Norway  lobster  tails:  from  the  front  edge  of  the  first  tail  segment 
present  to  the  rear  end  of  the  telson,  not  including  the  setae.  The  tail  shall  be  measured  flat, 
unstretched  and  on  the  dorsal  side. 

The  size  of  a  spinous  spider  crab  shall  be  measured,  as shown  in Figure  4,  along  the  midline, 
form  the  edge  of  the  carapace  between  the  rostrums  to  the  posterior  edge  of  the  carapace. 

The size of any bivalve mollusc shall be measured, as shown in Figure 5, across the longest part 
of  the  shell. 

1% 

ANNEX  IX 

Correlation  table 

Regulation  (EEC)  n°...  (consolidated 
version  3094/86) 

This  Regulation 

1 
2.1 
2.2 
2.3 
2.4 
2.5 
2.6 
2.9 
2.10 

4 
5.1 
5.2 
5.3 
5.4 
6.1 
6.2 
7 
8 
9.1 
9.2 
10.2.a 
10.2.b 
10.3 
10.4 
10.5 
10.6 
10.9 
10.10 
10.11 
10.12 
10.14 
10.15 
10.16 
10.17 
10.18 
10.19 

1,2 
4 ,5 
12 
6 
16,  17 
9 
6.4 
4.2,  7.1, 7.2,  8 
4.3,  13, 15 
52 
18,  52 
19,  20.2,  40 
20.1,  Annex  VIII 
21,  22 
20.3 
29 
41 
23 
24 
25.1 
25.2 
35.1 
44 
32 
39 
32.8,  39.4 
32.9,  39.5 
42 
26.1 
26.2,  31.14,  31.15, 32.10,  45 
36,  46 
35.1 
31 
37 
38 
43 
27.1 

3 >^ 

Regulation  (EEC)  n°... (consolidated 
version  3094/86) 

This  Regulation 

12 
13 
14 
15 
16 
17 
18 
19 
20 
Annex  I,  footnote  5 
Annex  I,  sole 
Annex I 
Annex II 
Annex III 
Annex V 
Annex VI 
Annex VII 

27.2 
47 
48 
49 
50 
51 
52 
53 
54 
30 
35.2 

Annexes II, III, IV 
Annex VII 
Annex VII 
Annex IX 
Annex V 
Annex VI 

M° 

M1 

(Homo 

rus) 

Lobster 

(a)  Carapace  lengih 

(b)  Overall  length 

{Ncphrops) 

F i g u re  2 

F i g u re  3 

HZ 

Figure  A 

Figure  5 

M^ 

ISSN 0254-1475 

COM(96) 296 final 

DOCUMENTS 

EN 

03  15  10 

Catalogue  number  :  CB-CO-96-303-EN-C 

ISBN 92-78-05710-X 

Office  for Official  Publications  of the European  Communities 

L-2985  Luxembourg 

L f7