Commission Regulation (EC) No 517/2008 of 10 June 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 850/98 as regards the determination of the mesh size and assessing the thickness of twine of fishing nets
Date: 2008-06-10
Institutions: European Commission
Subjects: European standard, conservation of fish stocks, fishing net, fishing regulations

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COMMISSION REGULATION (EC) No 517/2008

of 10 June 2008

laying down detailed rules for the implementation of Council Regulation (EC) No 850/98 as regards
the determination of the mesh size and assessing the thickness of twine of fishing nets

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

For the purposes of the control procedure it is necessary
to specify the types of gauge to be used, how they are to
be used, how the meshes to be measured are to be
chosen, the method by which each of them is to be
measured, how the mesh size of
is to be
calculated, the procedure for the selection of twines of
meshes for the assessment of thickness of twine, and to
describe the sequence of the inspection procedure.

the net

Having regard to Council Regulation (EC) No 850/98 of
30 March 1998 for
fishery resources
through technical measures for the protection of juveniles of
marine organisms (1), and in particular Article 48 thereof,

the conservation of

(5) Where the master of the fishing vessel disputes the result
in the course of an inspection,
of a measurement
provision should be made for a further and final
measurement.

Whereas:

(1)

(2)

(3)

Regulation (EC) No 850/98 lays down technical conser-
vation measures applying to the taking and landing of
fishery resources in maritime waters under the sover-
eignty or jurisdiction of the Member States. It provides,
inter alia, that detailed rules are to be adopted for the
assessment of twine thickness and the determination of
mesh size of fishing nets.

(EC) No

129/2003

Regulation

Commission
of
24 January 2003 laying down detailed rules for deter-
mining the mesh size and thickness of twine of fishing
nets (2) contains certain technical rules concerning the
use of gauges for determining the mesh size and twine
thickness of fishing nets. However, the current use of
those gauges by fishery inspectors has
resulted in
certain cases in disputes between fishery inspectors and
fishermen as regards the methods and the results of
measuring
the meshes depending on how those
instruments were used.

In addition, recent technical progresses relating to the
development of instruments for determining the mesh
seize of fishing nets have increased their accuracy. It is
appropriate to provide for the use of those improved
national
instruments
fishery
inspectors. Accordingly,
the new gauge
should be mandatory for Community inspectors and
the Member States
the national
and marked as ‘EC gauge’.

fishery inspectors of

by Community

the use of

and

(1) OJ L 125, 27.4.1998, p. 1. Regulation as last amended by Regu-

lation (EC) No 2166/2005 (OJ L 345, 28.12.2005, p. 5).

(2) OJ L 22, 25.1.2003, p. 5.

(6)

(7)

In the interests of clarity of Community legislation, Regu-
lation (EC) No 129/2003 should be repealed and
replaced by this Regulation.

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Fisheries Resources and Aquaculture,

HAS ADOPTED THIS REGULATION:

CHAPTER I

SUBJECT MATTER AND DEFINITIONS

Article 1

Subject matter

This Regulation lays down detailed rules for the implementation
of Regulation (EC) No 850/98 as regards the determination of
the mesh size and the assessment of the twine thickness of
fishing nets by Community and national inspectors.

Article 2

Definitions

For the purpose of this Regulation, the following definitions
shall apply:

(a)

‘mesh gauge’ means a mesh measurement gauge with two
jaws, which automatically applies longitudinal forces, in the
range of 5 to 180 Newton (N)
to the meshes with a
precision of 1 N;

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(b) ‘active gear’ means any fishing gear for which the catch
the gear,
encircling gears,

operation requires
including in particular
trawls, Danish seines and similar towed nets;

an active movement of
towed gears,

this Regulation for the determination of

provisions of
mesh size and the twine thickness of
conducting fishery inspections.

the
fishing nets when

(c)

‘passive gear’ means any fishing gear for which the catch
operation does not require an active movement of the gear,
and includes gillnets, entangling nets, trammel nets, trap-
nets, lines, pots and traps;

(d)

‘N-direction’ for knotted netting means the direction at right
angles to the general course of the netting yarn, as shown in
Annex I;

(e)

‘T-direction’ means:

(i) for knotted netting: the direction parallel to the general

course of the netting yarn, as shown in Annex I;

(ii) for knotless netting:

the direction at right angle to

N-direction;

(f)

‘mesh size’ means:

(i) for knotted netting: the longest distance between two
opposite knots in the same mesh when fully extended as
shown in Annex I;

(ii) for knotless netting:

the inside distance between the
opposite joints in the same mesh when fully extended
along its longest possible axis;

(g)

‘diamond mesh’ means a mesh as shown in figure 1 of
Annex II, composed of
the same length
where the two diagonals of the mesh are perpendicular
and one diagonal is parallel to the longitudinal axis of the
net as shown in figure 2 of Annex II;

four bars of

(h) ‘square mesh’ means a quadrilateral mesh composed of two
sets of parallel bars of the same length, where one set is
parallel to, and the other is at right angles to the long-
itudinal axis of the net;

(i)

‘T90 mesh’ means a diamond mesh from knotted netting, as
shown in figure 1 of Annex II, mounted so that
the
T-direction of
to the longitudinal
the netting is parallel
axis of the net.

CHAPTER II

EC GAUGES

Article 3

The technical specifications applying to the mesh gauge

2.
are set out in Annex III.

The technical specifications applying to twine thickness

3.
gauges are set out in Annex IV.

4.
The mesh gauge and twine thickness gauges referred to in
paragraph 1 shall be marked ‘EC gauge’ and certified by the
manufacturer as complying with the technical specification
referred in paragraphs 2 and 3 respectively.

5.
The mesh gauge and twine thickness gauges sold or
distributed for use by entities or persons other than national
fisheries authorities shall not be marked ‘EC gauge’.

Article 4

Calibration instruments for the mesh gauge

The calibrated test weights and calibrated test measuring plate
provided for in figure 1 of Annex V shall be certified by the
competent national authorities and marked ‘EC’.

Article 5

Testing of the mesh gauges

The accuracy of the mesh gauge shall be verified by:

(a)

inserting the jaws of the gauge into slots of the calibrated
test plate as provided for in figure 1 of Annex V;

(b) hanging the calibrated test weights on the fixed jaw, as

provided for in figure 2 of Annex V.

CHAPTER III

DETERMINATION OF MESH SIZE

Article 6

Selection of meshes in active gear

The inspector shall select a series of 20 consecutive

1.
meshes from the net, chosen in the following direction:

Mesh gauge and twine thickness gauges

Community and national

1.
inspectors shall use the mesh
gauge and twine thickness gauges which comply with the

(a)

for diamond and square meshes,
longitudinal axis of the net;

in the direction of the

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(b) for T90 meshes, perpendicular to the direction of the long-

itudinal axis of the net.

2. Meshes less than three meshes from the selvedge, lacings,
ropes or cod line shall not be measured. That distance shall be
measured perpendicular to the lacings, ropes or cod line with
the net stretched in the direction of that measurement. Meshes
which are broken or have been repaired or have attachments to
the net fixed at that mesh shall not be measured.

By way of derogation from paragraph 1, the meshes to be
the application of

to be consecutive if

3.
measured need not
paragraph 2 prevents it.

(b) knotless

be
determined, the longest axis of the mesh shall be measured.

the N-direction

netting when

cannot

Article 10

Operation of the mesh gauge for measuring square meshes

1. When measuring a square mesh panel, the netting shall be
stretched first in one diagonal direction and then in the other
diagonal direction of the mesh, as shown in Annex VIII.

The procedure laid down in Annex VI shall apply to the

2.
measurement of each diagonal direction of the square mesh.

Article 7

Selection of meshes in passive gear

1.
The inspector shall select 20 meshes from the fishing net.
In the case of different mesh sizes in the fishing net, the meshes
shall be selected from the part of the fishing net having the
smallest meshes.

Article 11

Measurement conditions

Meshes shall be measured only when wet and unfrozen.

2. When selecting meshes in accordance with paragraph 1,
the following meshes shall not be included:

Article 12

(a) meshes at the top, bottom or side of a net selvedge;

(b) meshes within three meshes of lacings and ropes;

(c) meshes that have been broken or have been repaired.

Article 8

Measurement of the size of each selected mesh

1.
The size of each mesh shall be the distance between the
outside edges of the jaws of the gauge at the point where the
movable jaw is stopped.

2. Where there is a difference in measurement between the
diagonals of an individual square mesh, then the larger diagonal
shall be used.

General provisions on the preparation and operation of
mesh gauges

Article 13

The mesh gauge shall be:

(a) prepared in accordance with Annex VI;

Determination of the mesh size of the net

The mesh size of the net shall be determined as the mean value,
displayed by the gauge, of the series of 20 selected meshes.

(b) operated in accordance with Annex VII.

Article 14

Article 9

Operation of the mesh gauge for measuring diamond and
T90 meshes

When measuring diamond and T90 meshes in:

Determination of the mesh size in case of disputes

If the master of a fishing vessel disputes the result of the
1.
determination of the mesh size carried out in accordance with
Article 13, 20 meshes shall be selected and measured in another
part of the fishing net in accordance with Articles 6 to 12.

(a) knotted and knotless netting when the N-direction can be
determined, the netting shall be stretched in the N-direction
of the meshes, as shown in Annex VII;

2.
The mesh size shall then be redetermined as the mean
value, displayed by the gauge, of all 40 meshes measured.
The displayed result of the gauge shall be final.

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CHAPTER IV

ASSESSING TWINE THICKNESS

Article 19

Assessment conditions

Article 15

Twines shall be assessed when unfrozen.

General provisions on the selection of twines

1.
The inspector shall select meshes from any part of the
fishing net which is subject to a maximum permitted twine
thickness.

Twines within a mesh that are broken or have been

2.
repaired shall not be selected.

Article 20

Assessment of the thickness of each selected twine

When the thickness of the twine prevents the closure of the
jaws of the gauge or the twine does not pass easily through the
hole when the jaws are closed, the assessment of the thickness
of a twine shall be noted by the inspector as a negative
assessment (–).

Article 16

Article 21

Assessing twine thickness

Selection of twines in diamond mesh netting

Twines in diamond mesh netting shall be selected in the
following way, as shown in Annex VIII:

If more than five negative assessments (–) of the 20 twines
1.
selected are noted in accordance with Article 20, the inspector
shall again select and assess a further 20 twines in accordance
with Articles 15 to 20.

(a)

in the case of single twine netting, the twine on opposite
sides of 10 meshes shall be selected;

If more than 10 negative assessments (–) of the total 40
shall be
thickness

2.
twines
determined as
permitted for that part of the fishing net.

thickness
exceeding the maximum twine

selected are

found,

twine

the

(b) in the case of double twine netting, each strand of twine on

opposite sides of five meshes shall be selected.

Article 22

Assessment of twine thickness in case of disputes

Article 17

Selection of twines in square mesh netting

Twines in square mesh netting shall be selected in the following
way, as shown in Annex VIII:

(a)

in the case of single twine netting, the twine on only one
side of 20 meshes shall be selected, with the same side
being selected in each mesh;

(b) in the case of double twine netting, each strand of twine on
only one side of 10 meshes shall be assessed, with the same
side being selected in each mesh.

If

the master of

the vessel disputes the result of

the
1.
assessment of the twine thickness carried out in accordance
with Article 21, the provisions of paragraph 2 of this Article
shall apply.

2.
The inspector shall again select and assess 20 different
twines in the same part of the fishing net. If more than five
negative assessments (–) of the total 20 twines selected are
found, the twine thickness shall be determined as exceeding
the maximum twine thickness permitted for that part of the
fishing net. The result of that assessment shall be final.

CHAPTER V

FINAL PROVISIONS

Article 23

Repeal

Article 18

1.

Regulation (EC) No 129/2003 is repealed.

Selection of the twine thickness gauge

A gauge with a circular hole with a diameter equal to the
maximum twine thickness permitted for the part of the net
considered shall be used by the inspector.

2.
Reference to the provisions of the Regulation (EC) No
129/2003 shall be construed as reference to the present Regu-
lation and read in accordance with the correlation table in
Annex IX.

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Article 24

Transitional provisions

1.
For a transitional period until 1 September 2009 a
Member State may continue to apply, in the waters under its
sovereignty or jurisdiction the methods for determining the
mesh size and assessing the thickness of twine of fishing nets
which are in conformity with Regulation (EC) No 129/2003.

mesh size and assessing the twine thickness which are in
conformity with Regulation (EC) No 129/2003 for a transitional
period until 1 September 2009, it shall immediately inform the
Commission thereof and publish this information on its official
website.

Article 25

Entry into force

2.
If a Member State intends to apply in the waters under its
sovereignty or jurisdiction the methods for determining the

This Regulation shall enter into force on the third day following
its publication in the Official Journal of the European Union.

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

Done at Brussels, 10 June 2008.

For the Commission

Joe BORG
Member of the Commission

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ANNEX I

Mesh size and N-direction and T-direction of netting twine

Figure

1: Size of mesh

2: T-direction.

3: General course of the netting.

4: N-direction.

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ANNEX II

Diamond knotted netting and T90 netting

Figure 1

The direction of run of the netting twine in a standard diamond knotted net (A) and in a net turned 90° (B) is shown
below.

A: Standard diamond mesh netting.

B: T90 mesh netting.

1: longitudinal axis of the net.

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Longitudinal axis of the net

Figure 2

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ANNEX III

Technical specifications of the mesh gauge

1. The mesh gauge shall:

(a)

automatically apply a longitudinal measuring force when measuring the mesh size of fishing nets;

(b) have two jaws, one fixed and one movable, each 2 mm thick with rounded edges with a radius of 1 mm to

ensure that the jaws slip easily over the twine as shown in figure below;

(c) be electrically driven or if battery powered it shall be capable of making 1 000 consecutive mesh measurements

before requiring to be recharged;

(d) be able to apply selected longitudinal forces, in the range 5 to 180 N, to the meshes with a precision of 1 N;

(e) have a built-in system for measuring the applied force;

(f)

be capable to stretch a mesh at a constant speed of 300 ± 30 mm/min by the movable jaw;

(g) be able to measure meshes from 10 to 300 mm and have detachable jaws for use on small and large meshes;

(h) have a measurement precision of 1 mm;

(i)

have a structure which is rigid and shall not be distorted under load;

(j)

be light yet robust and should weigh no more than 2,5 kg;

(k) be made of materials resistant to corrosion under marine conditions;

(l)

be water resistant and unaffected by dust to standard IP56 (1);

(m) be stable in operation over a temperature range of – 10 to + 45 °C;

(n) be able to withstand temperatures between – 30 and 70 °C during storage and transportation;

(o) be controlled by software which should provide a menu of functions and enable the gauge to self-test the

electronic and mechanical parts when started;

(p) display that the gauge is ready for use and if not, display an error message, close down and cease operating;

(q) be possible to operate with one hand and the functions must be accessed via external buttons;

(r)

(s)

show data on an integral display and present each measurement, the number of measurements made in a series,
and the mean value in millimetres;

store the data of at least 1 000 measurements in its memory and it must be possible to transmit data to a
computer;

(t)

contain a function to calculate the mean mesh size rounded to the nearest 0,1 mm;

(u)

incorporate software having a function to automatically select the largest diagonal of each mesh to calculate the
mean mesh size of the square mesh netting;

(v)

save the data of all measurements made.

2. Some netting creeps under load. The gauge must respond to this condition by reapplying the fixed force, requiring an

algorithm in the controlling software, as described in the Appendix.

(1) Internal protection (IP) codes are specified in the international standard of the International Electrotechnical Commission (IEC) 60529.

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Figure

(These drawings are for illustrative purposes only)

1

2

3

Length measurement

Range:

Accuracy:

Force measurement

Range:

Precision:

Fixed measuring forces:

Speed movable jaw:

Battery autonomy:

Data storage

Memory:

Temperature range

Operating:

Storage:
Waterproof

Shockproof

Weight

Description

Fixed jaw with load cell

Movable jaw

Display

Specifications

10-300 mm

± 1 mm

5-180 N

± 1 N

10 N, 20 N, 50 N, 125 N
300 ± 30 mm/min (1)
minimum 1 000 measurements

minimum 1 000 measurements

– 10 to 40 °C
– 30 to 70 °C
to standard IP56

maximum 2,5 kg

(1) Speed of the movable jaw during the stretching of the mesh. The unloaded speed of the movable jaw can be higher.

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Appendix to Annex III

Measurement algorithm

To allow for creep in a stretched mesh:

1. extend the movable jaw into the mesh at a constant speed of 300 ± 30 mm/min (1), until the measurement force is

reached;

2. stop the motor and wait for 1 second;

3.

if the force drops below 80 % of the pre-set measurement force, extend the movable jaw into the mesh until the
measurement force is reached once more.

(1) Speed of the movable jaw during the stretching of the mesh. The unloaded speed of the movable jaw can be higher.

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ANNEX IV

Technical specifications of the twine thickness gauge

Gauges for assessing the thickness of twine shall:

(a) be made of durable, non-corrosive material able to withstand a harsh marine environment and shall be manufactured

in accordance with the drawings shown in the figure below;

(b) have edges around the circumference of each side of the circular hole for assessing the thickness of the twine (the

hole) rounded to avoid abrasion when the twine is pulled through the hole to test legality;

(c) be constructed with the nose of the pliers rounded to facilitate inserting the jaws between double twines;

(d) have jaws with parallel action that are sufficiently strong to prevent deformation of the jaws during any reasonable
use, bearing in mind that the jaws have to be squeezed closed with manual force during every measurement;

(e) have the inside faces of the jaws milled to leave a 0,5 mm gap for a distance of 1 mm either side of the hole when
the jaws are closed in order to avoid single filaments of material protruding from braided or twisted construction
being trapped in the flat surfaces of the jaws on each side of the hole in which the twine is seated;

(f) have, when the jaws are closed, the diameter of the circular hole marked in millimetres on one of the jaws, adjacent
to the hole; the jaws are closed when the surface of both internal sides of the jaws touch each other and are flush;

(g) have both the handle and the jaws marked ‘EC gauge’;

(h) have a tolerance for the hole diameter of 0 + 0,1 mm;

(i) be conveniently portable such that a set of four (4 mm, 5 mm, 6 mm, and 8 mm) gauges may be carried by an

inspector during vessel to vessel transfer at sea;

(j)

if gauges are of different sizes, be easily identifiable;

(k) be easy to insert between double twine. After the gauge has been inserted into position, it shall be capable of easy

operation with one hand.

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ANNEX V

Calibration and testing of the mesh gauge

A. Verification of length measurement

The verification of length measurement shall be performed by inserting the jaws of the gauge to be used during the
inspection, into slots of different lengths in the calibrated rigid test plate. This can be done at any time.

Figure 1

Length of slots in mm

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B. Verification of force measurement

The verification of force measurement shall be performed by hanging calibrated weights on the fixed jaw containing
the load cell, with the gauge held vertical and secure. The weights shall have the following values: 10, 20, 50 and 125
N. The weights can only be used under stable conditions.

Figure 2

(This drawing is for illustrative purposes only)

1: Test weight.

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ANNEX VI

Preparation of the mesh gauge

1. The inspector shall:

(a) select the appropriate size of jaw for the meshes to be measured;

(b) ensure that the jaws are clean;

(c) check that the gauge completes the self-test satisfactorily;

(d) select the measuring force to be applied as follows:

(i) for active gear:

— 20 N for mesh sizes < 35 mm,

— 50 N for mesh sizes ≥ 35 mm and < 55 mm,

— 125 N for mesh sizes ≥ 55 mm;

(ii) for passive gear:

— 10 N for all mesh sizes;

(e) verify the jaw type setting. The default setting is ‘Normal’. If small or large jaws are used, the inspector shall enter

the menu and change the jaw type setting accordingly.

2. When the activities set out in point 1 are completed the gauge is then ready to undertake mesh measurements.

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ANNEX VII

Operation of the mesh gauge for inspection

When measuring the meshes the inspector shall:

(a)

insert the jaws into the mesh opening with the fixed jaw of the gauge against the knot, as shown in the figure below;

(b) activate the gauge allowing the jaws to open until the movable jaw reaches the opposite knot and stops when the set

force is reached:

Figure

1: Mesh size.

2: N-direction.

3: Fixed jaw.

4: Movable jaw.

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ANNEX IX

Correlation table

Regulation (EC) No 129/2003

This Regulation

—

Article 1

Article 2(1)

Article 2(2)

Article 3(1)

Article 3(2)

Article 3(3)

Article 4(1)

Article 4(2)

Article 5(1)

Article 5(2)

Article 5(3)

Article 6(1)

Article 6(2)

Article 6(3)

Article 7

Article 8

Article 9

Article 10(1)

Article 10(2)

Article 10(3)

Article 10(4)

Article 10(5)

Article 11(1)

Article 11(2)

Article 12(1)

Article 12(2)

Article 13

Article 14

Article 15

Article 16(1)

Article 16(2)

Article 1

Article 2

Article 3(2)

Article 3(4)

Article 9

—

—

Article 10(1)

Article 10(2)

Article 6(1)

Article 6(2)

Article 6(3)

Article 11

Article 12(1)

Article 12(2)

Article 13

—

Article 14

Article 3(2)

Article 3(2)

Article 3(4)

Article 3(2)

Article 3(2)

Article 7(1)

Article 7(2)

Article 11

Article 8

Article 13

Article 6

Article 14

Article 3(3)

Article 3(3)

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Regulation (EC) No 129/2003

This Regulation

Article 16(3)

Article 17(1)

Article 17(2)

Article 17(3)

Article 18(1)

Article 18(2)

Article 18(3)

Article 19(1)

Article 19(2)

Article 19(3)

Article 20

Article 3(4)

Article 15(1)

Article 15(2)

—

Article 19

Article 16

Article 17

Article 20

Article 21(1)

Article 21(2)

Article 22