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for herring, ICES Sub-areas I, II, IV, VI and VII and Divisions IIIa and Vb;
for mackerel and horse mackerel, in ICES Sub-areas III, IV, VI and VII and Division IIa.
the port he intends to enter, the name of the vessel and its registration number;
the estimated time of arrival at that port;
the quantities in kilograms live weight by species retained on board;
the management area in accordance with Annex I to this Regulation where the catch was taken.
The quantities retained on board, notified prior to landing as referred to in point 9.3.1(c), shall be equal to the quantities recorded in the logbook after its completion.
By way of derogation from the provisions of Article 5(2) of Regulation (EEC) No 2807/83 the permitted margin of tolerance in estimates recorded into the logbook of the quantities in kilograms of fish retained on board of vessels shall be 8 %.
the tanker in which the fish is transported is accompanied by an inspector from the place of landing to the place where the fish is weighed; or
approval is given by the competent authorities at the place of landing to transport the fish subject to the following provisions:
immediately prior to the tanker leaving the port of landing, the buyer or his agent shall provide to the competent authorities a written declaration giving the species of the fish and name of the vessel from which it is to be discharged, the unique identity number of the tanker and details of the destination where the fish will be weighed as well as the estimated time of arrival of the tanker at the destination,
a copy of the declaration provided for in (i) shall be kept by the driver during the transport of the fish and handed over to the receiver of the fish at the destination.
the party weighing the fish shall keep a paginated weighing logbook indicating:
the name and registration number of the vessel from which the fish has been landed,
the identity number of the tankers in cases where fish has been transported from the port of landing before weighing,
the species of fish,
the weight of each landing,
the date and time of the beginning and end of the weighing;
where the weighing is carried out on a conveyor belt system a visible counter shall be fitted that records the cumulative total of the weight. Such cumulative total shall be recorded in the paginated logbook referred to in point (a);
the weighing logbook and the copies of written declarations provided for in point 9.7.1(b)(ii) shall be kept for three years.
The competent authorities shall have full access at all times to the weighing system, the weighing logbooks, written declarations and all premises where the fish is processed and kept.
quantities by species indicated in the prior notice of landing, referred to in point 9.3.1 and the quantities recorded in the vessel's logbook;
quantities by species recorded in the vessel's logbook and the landing declaration or invoice or equivalent document referred to in point 9.8;
quantities by species recorded on the landing declaration and invoice or equivalent document referred to in point 9.8.
monitoring of the weighing of the catch from the vessel, by species. In the case of vessels pumping catch ashore the weighing of the entire discharge from the vessels selected for inspection shall be monitored. In the case of freezer trawlers, all boxes shall be counted. A representative sample of boxes/pallets shall be weighed in order to arrive at an average weight for the boxes/pallets. Sampling of boxes shall also be undertaken according to an approved methodology in order to arrive at an average net weight for the fish (without packing, ice);
in addition to the cross-checks referred to in point 9.12 cross-verification between the following:
quantities by species recorded in the weighing logbook and the quantities by species recorded in the invoice or equivalent document referred to in point 9.8,
the written declarations received by the competent authorities pursuant to point 9.7.1(b)(i) and the written declarations held by the receiver of the fish pursuant to point 9.7.1(b)(ii),
identity numbers of tankers that appear in the written declarations provided for in point 9.7.1(b)(i) and the weighing logbooks;
if the discharge is interrupted, permission shall be required before the discharge can recommence;
verification that the vessel is empty of all fish, once the discharge has been completed.
Textual Amendments
It shall be prohibited to land or retain on board herring caught in Division IIa (EC waters) in the periods 1 January to 28 February and 16 May to 31 December.
Conditions for landing of herring for industrial purposesBy way of derogation from the provisions of Article 2(1) of Regulation (EC) No 1434/98 the following provisions shall apply:
Herring caught when fishing outside ICES Sub-areas III and IV with nets of minimum mesh size less than 32 mm may not be retained on board or landed unless such catches consist of a mixture of herring and other species, are not sorted and the herring does not exceed 10 % by weight of the total combined weight of herring and other species.
West of Scotland: Until 31 December 2005, it shall be prohibited to conduct any fishing activity within the areas enclosed by sequentially joining with rumb lines the following positions:
59°05′N, 06°45′W
59°30′N, 06°00′W
59°40′N, 05°00′W
60°00′N, 04°00′W
59°30′N, 04°00′W
59°05′N, 06°45′W.
Celtic Sea: Until 31 March 2005, it shall be prohibited to conduct any fishing activity within that part of ICES Division VII included in the following ICES rectangles: 30E4, 31E4, 32E3. This prohibition shall not apply to Beam trawlers in the month of March.
By way of derogation from (a) and from (b), it shall be permitted to conduct fishing activities using pots and creels within the specified areas and time periods, provided that:
no fishing gear other than pots and creels are carried on board, and
no fish other than shellfish and crustacea are retained on board;
By way of derogation from point (a) and from point (b), it shall be permitted to conduct fishing activities within the areas referred to in those points using nets of mesh size less than 55 mm, provided that:
no net of mesh size greater than or equal to 55 mm is carried on board, and
no fish other than herring, mackerel, pilchard/sardines, sardinelles, horse mackerel, sprat, blue whiting and argentines are retained on board.
It shall be prohibited to land or retain on board sandeels caught within the geographical area bounded by the east coast of England and Scotland, and enclosed by sequentially joining with rhumb lines the following positions:
the east coast of England at latitude 55°30′N,
latitude 55°30′N, longitude 1°00′W,
latitude 58°00′N, longitude 1°00′W,
latitude 58°00′N, longitude 2°00′W,
the east coast of Scotland at longitude 2°00′W.
However, a limited fishery shall be allowed in order to monitor the sandeel stock in the area and the effects of the closure.
All fishing, except with longlines, shall be prohibited in the areas enclosed by sequentially joining with rhumb lines the following positions:
Point No | Latitude | Longitude |
1 | 57°00′N | 15°00′W |
2 | 57°00′N | 14°00′W |
3 | 56°30′N | 14°00′W |
4 | 56°30′N | 15°00′W |
The technical conservation measures referred to in Articles 2, 3 and 4 of Council Regulation (EC) No 254/2002 of 12 February 2002 establishing measures to be applicable in 2002 for the recovery of the stock of cod in the Irish Sea (ICES division VIIa)(2) shall temporarily apply in 2005.
[F1 OJ L 145, 13.6.1977, p. 1 . Directive as last amended by Directive 2004/66/EC ( OJ L 168, 1.5.2004, p. 35 ).]