COUNCIL  REGULATION (EEC) N° 3927/92 of 20 December 1992 laying down certain conservation and management  measures for fishery resources in the Regulatory Area as defined in the Convention on Future  Multilateral Cooperation in the North West Atlantic Fisheries
THE COUNCIL OF THE  EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) N° 3760/92 of 20 December 1992 establishing a Community  system for fisheries and aquaculture (1), and in particular Article 11 thereof,
Having regard to the proposal from the Commission,
Whereas, pursuant to Article 2 of Regulation (EEC) N° 3760/92, it is for the Council to draw up, in  the light of the available scientific advice, the conservation measures necessary to achieve the  aims set out in Article 1 of the said Regulation;
Whereas the Community has signed the United Nations' Convention on the Law of the Sea, which  contains prinicples and rules relating to the conservation and management of the living resources  within the exclusive economic zones of the coastal States and in the high seas;
Whereas the Convention on Future Multilateral Cooperation in the North West Atlantic Fisheries,  hereinafter referred to as the NAFO Convention, was approved by the Council in Regulation (EEC) N°  3179/78 (2) and entered into force on 1 January 1979; whereas the Regulatory Area as defined  consists of that part of the Convention Area which lies beyond the areas in which coastal States  exercise fisheries jurisdiction;
Whereas the NAFO Convention establishes a suitable framework for the rational conservation and  management of the fishery resources of the Regulatory Area with a view to achieving the optimum  utilization thereof; whereas, to this end, the Contracting Parties undertake to carry out joint  measures;
Whereas, in the light of the available scientific advice, the catches of certain species in certain  parts of the Regulatory Area should be limited and whereas, in accordance with Articles 3 and 4 of  Regulation (EEC) N° 3760/92, it falls to the Council to establish the total allowable catches  (TACs) by stock or group of stocks, the share available for the Community and the specific  conditions under which catches must be made and to allocate the share available to the Community  among the Member States;
Whereas, in order to ensure the conservation of fishery resources and their balanced exploitation,  technical conservation measures must be defined, inter alia for mesh sizes, the level of by-catches  and authorized fish sizes;
Whereas to enable controls to be carried out on catches from the Regulatory Area while  supplementing the monitoring measures provided for in Regulation (EEC) N° 2241/87 (3) certain  specific control measures are to be defined, inter alia, for the declaration of catches, the  communication of information, the holding of non-authorized nets and information and assistance  relating to the storage and processing of catches,
Scope 1.  This Regulation shall apply to Community fishermen who take and retain on board fish from  resources of the Regulatory Area and shall operate in furtherance of the objectives and principles  of the NAFO Convention.
2.  With a view to ensuring through the joint action of the Contracting Parties the rational  conservation and management of the fishery resources of the Regulatory Area for the purpose of  achieving the optimum utilization thereof, this Regulation lays down:
- limits on catches,
- technical conservation measures,
- international control measures,
- provisions relating to the processing and transmission of certain scientific and statistical  data.
Community participation 1. Member States shall forward to the Commission a list of all vessels registered in their ports or  flying their flag which intend to take part in the fishing activities in the Regulatory Area at  least 30 days before the intended commencement of such activity or, as the case may be, not later  than the 20th day following the date of entry into force of this Regulation. The information  forwarded shall include:
(a) name of vessel;
(b) official registration number of the vessel assigned by the competent national authorities;
(c) home port of the vessel;
(d) name of owner or charterer of the vessel;
(e) a declaration that the master has been provided with a copy of the regulations in force in the  Regulatory Area;
(f) the principal species fished by the vessel in the Regulatory Area;
(g) the sub-areas where the vessel may be expected to fish.
Limits on catches Catches in 1993 of the species set out in Annex I hereto by fishing vessels registered in the ports  of Member States or flying their flag shall be limited, within the divisions of the Regulatory Area  referred to in that Annex, to the quotas set out therein.
Technical measures 1.  Mesh sizes  The use of trawl net having in any section thereof net meshes of dimensions less than 130 mm shall  be prohibited for direct fishing of the species referred to in Annex II hereto. This mesh size  shall be reduced to 60 mm for direct fishing of short-finned squid.
However, up to 1 June 1994, the use of a trawl net or such section of any trawl net as is made of  hemp, polyamide fibres or polyester fibres with a minimum mesh size of 120 mm shall be authorized  for the fishing of the species listed in Annex II.
2.  Attachments to nets The use of any means or device other than those described in this paragraph which obstructs the  meshes of a net or which diminishes their size shall be prohibited.
Canvas, netting or any other material may be attached to the underside of the cod-end in order to  reduce or prevent damage.
Devices may be attached to the upper side of the cod-end provided that they do not obstruct the  meshes of the cod-end. The use of top-side chafers shall be limited to those mentioned in Annex III  hereto.
3.  By-catches By-catches of the species listed in Annex I for which no quotas have been fixed by the Community  for a part of the Regulatory Area and taken in that part when fishing directly for:
- one or more of the species listed in Annex I, or - one or more of species other than those listed in Annex I,
may not exceed for each species on board 2 500 kg or 10 % by weight of all fish on board, whichever  is the greater. However, in a part of the Regulatory Area where directed fishing of certain species  is banned, by-catches of each of the species listed in Annex I may not exceed 1 250 kg or 5 %  respectively.
4.  Minimum size of fish Fish from the Regulatory Area which do not have the size required as set out in Annex IV may not be  retained on board or be transhipped, landed, transported, stored, sold, displayed or offered for  sale, but shall be returned immediately to the sea. Where the quantity of caught fish not having  the required size exceeds in certain fishing waters 10 % of the total quantity, the vessel must  move away to a distance of at least five nautical miles before continuing fishing.
Control measures 1.  In addition to complying with Articles 5, 6, 7 and 8 of Regulation (EEC) N° 2241/87, masters of  vessels shall enter in the logbook the information listed in Annex V hereto.
In complying with Article 9 of the said Regulation, Member States shall also inform the Commission  of catches of species not subject to quota.
2.  When fishing directly for one or more of the species listed in Annex II, vessels may not carry  nets the mesh size of which is smaller than that laid down in Article 4 (1). However, vessels  fishing in the course of the same voyage in areas other than the Regulatory Area may keep such nets  on board provided these nets are securely lashed and stowed and are not available for immediate  use, that is to say:
(a) nets shall be unshackled from their boards and their hauling or trawling cables and ropes;
(b) nets carried on or above the deck must be lashed securely to a part of the superstructure.
3.  The masters of fishing vessels flying the flag of a Member State or registered in one of its  ports shall, in respect of catches of the species listed in Annex I, keep:
(a) a logbook stating, by species and by processed product, the aggregate output; or (b) a storage plan, by species, of products processed, indicating where they are located in the  hold.
Masters of vessels must provide the necessary assistance to enable the quantities declared in the  logbook and the processes products stored on board to be verified.
Statistical and scientific data 1.  In order to secure advice on localized and seasonal concentrations of juvenile American plaice  and yellowtail flounder in division 3LNO of the Regulatory Area:
(a) Member States shall provide, based upon the relevant entries in the logbook, as provided for by  Article 5 (1), nominal catch and discard statistics, broken down by unit areas no larger than 1°  latitude and 1° longitude, summarized on a monthly basis;
(b) length sampling shall be provided for both nominal catches and discards, with a sampling  intensity on the same scale as adopted in (a) and summarized on a monthly basis.
2.  In order to assess the effects of cod by-catches in the redfish and flatfish fisheries on the  Flemish Cap:
(a) Member States shall supply, based upon the relevant entries in the logbook as provided for by  Article 5 (1), statistics on discards of cod taken in the redfish and flatfish fisheries in the  above area, in addition the normal reports, summarized on a monthly basis;
(b) length sampling of cod taken in the redfish and flatfish fisheries in the above area, shall be  provided for the two components separately, with depth information accompanying each sample,  summarized on a monthly basis.
3.  Length samples shall be taken from all parts of the respective catch of each species concerned  in such a manner that at least one statistically significant sample is taken from the first haul  taken each day. The size of a fish shall be measured from the tip of the snout to the end of the  tail fin.
For the purposes set out in paragraphs 1 and 2, length samples taken as described in this  Regulation shall be deemed to be representative of all catches of the species concerned.
General provisions Regulations (EEC) N° 2622/79 (1) and (EEC) N° 320/90 (2) are hereby repealed.
This Regulation shall enter into force on 1 January 1993.
This Regulation shall be binding in its entirety and directly applicable in all  Member States.