Council Regulation (EC) No 850/98 (repealed)Dangos y teitl llawn

[F1 Article 34b U.K. Use of gillnets in ICES divisions IIIa, IVa, Vb, VIa, VIb, VIIb, c, j, k and ICES sub-areas VIII, IX, X and XII east of 27° W

1. Union vessels shall not deploy bottom set gillnets, entangling nets and trammel nets at any position where the charted depth is greater than 200 metres in ICES divisions IIIa, IVa, Vb, VIa, VIb, VII b, c, j, k and ICES sub-areas VIII, IX and X and XII east of 27° W.

2. By way of derogation from paragraph 1, it shall be permitted to use the following gears:

(a) Gillnets in ICES divisions IIIa, IVa, Vb, VIa, VIb, VII b, c, j, k and ICES sub-area XII east of 27° W with a mesh size equal to or greater than 120 millimetres and less than 150 millimetres, gillnets in ICES divisions VIIIa, b, d and ICES sub-area X with a mesh size equal to or greater than 100 millimetres and less than 130 millimetres and gillnets in ICES divisions VIIIc and ICES sub-area IX with a mesh size equal to or greater than 80 millimetres and less than 110 millimetres, provided that:

• (a) they are deployed in waters with a charted depth of less than 600 metres,

• they are no more than 100 meshes deep, and have a hanging ratio of not less than 0,5,

• they are rigged with floats or equivalent flotation,

• they each have a maximum length of 5 nautical miles, and the total length of all nets deployed at any one time does not exceed 25 km per vessel,

• the maximum soak time is 24 hours;

(b) Entangling nets with a mesh size equal to or greater than 250 millimetres, provided that:

• (b) they are deployed in waters with a charted depth of less than 600 metres,

• they are no more than 15 meshes deep, and have a hanging ratio of not less than 0,33,

• they are not rigged with floats or other means of floatation,

• they each have a maximum length of 10 km, and the total length of all nets deployed at any one time does not exceed 100 km per vessel,

• the maximum soak time is 72 hours;

(c) Gillnets in ICES divisions IIIa, IVa, Vb, VIa, VIb, VIIb, c, j, k and ICES sub-area XII east of 27° W with a mesh size equal to or greater than 100 millimetres and less than 130 millimetres, provided that:

• (c) they are deployed in waters with a charted depth of more than 200 metres and less than 600 metres,

• they are no more than 100 meshes deep, and have a hanging ratio of not less than 0,5,

• they are rigged with floats or equivalent floatation,

• they each have a maximum length of 4 nautical miles, and the total length of all nets deployed at any one time does not exceed 20 km per vessel,

• the maximum soak time is 24 hours,

• no less than 85 % of the retained catch by weight is hake,

• the number of vessels participating in the fishery does not rise above the level recorded in 2008,

• prior to leaving port the master of the vessel participating in this fishery records in the log-book, the quantity and total length of gear carried on board the vessel. At least 15 % of departures shall be subject to inspection,

• as verified in the Union logbook for that trip at the time of landing the master of the vessel has on board 90 % of the gear, and

• the quantity of all species caught greater than 50 kg, including all quantities discarded greater than 50 kg, is recorded in the Union logbook;

(d) Trammel nets in ICES sub-area IX with a mesh size equal to or greater than 220 millimetres, provided that:

• (d) they are deployed in waters with a charted depth of less than 600 metres,

• they are no more than 30 meshes deep, and have a hanging ratio of not less than 0,44,

• they are not rigged with floats or other means of floatation,

• they each have a maximum length of 5 km, and the total length of all nets deployed at any one time does not exceed 20 km per vessel,

• the maximum soak time is 72 hours.

3. However, this derogation shall not apply in the NEAFC Regulatory Area.

4. All vessels deploying bottom set gillnets, entangling or trammel nets at any position where the charted depth is greater than 200 metres in ICES divisions IIIa, IVa, Vb, VIa, VIb, VII b, c, j, k and ICES sub-areas XII east of 27° W, VIII, IX and X, shall be issued with a fishing authorisation in accordance with Article 7 of Regulation (EC) No 1224/2009.

5. Only one of the types of gear described in paragraph 2(a), (b) or (d) shall be retained on board the vessel at any one time. Vessels may carry on board nets with a total length that is 20 % greater than the maximum length of the fleets that may be deployed at any one time.

6. The master of a vessel with a fishing authorisation referred to in paragraph 4 shall record in the logbook the amount and lengths of gear carried by a vessel before it leaves port and when it returns to port, and shall account for any discrepancy between the two quantities.

7. The competent authorities shall have the right to remove unattended gear at sea in ICES divisions IIIa, IVa, Vb, VIa, VIb, VII b, c, j, k and ICES sub-areas XII east of 27° W, VIII, IX and X, in the following situations:

(a) the gear is not properly marked;

(b) the buoy markings or VMS data indicate that the owner has not been located at a distance less than 100 nautical miles from the gear for more than 120 hours;

(c) the gear is deployed in waters with a charted depth greater than that which is permitted;

(d) the gear is of an illegal mesh size.

8. The master of a vessel with a fishing authorisation referred to in paragraph 4 shall record in the logbook the following information during each fishing trip:

• the mesh size of the net deployed,

• the nominal length of one net,

• the number of nets in a fleet,

• the total number of fleets deployed,

• the position of each fleet deployed,

• the depth of each fleet deployed,

• the soak time of each fleet deployed,

• the quantity of any gear lost, its last known position and date of loss.

9. Vessels fishing with a fishing authorisation referred to in paragraph 4 shall only be permitted to land in the ports designated by the Member States pursuant to Article 7 of Regulation (EC) 2347/2002.

10. The quantity of sharks retained on board by any vessel using the gear type described in paragraph 2(b) and (d) shall be no more than 5 %, by live-weight, of the total quantity of marine organisms retained on board.

11. After consulting STECF, the Commission may adopt implementing acts excluding specific fisheries of a Member State, in ICES sub-areas VIII, IX and X, from the application of paragraphs 1 to 9, where information provided by Member States shows that those fisheries result in a very low level of shark by-catches and of discards.]

Textual Amendments

F1 Inserted by Regulation (EU) No 227/2013 of the European Parliament and of the Council of 13 March 2013 amending Council Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms and Council Regulation (EC) No 1434/98 specifying conditions under which herring may be landed for industrial purposes other than direct human consumption.