Council Regulation (EC) No 850/98 (repealed)Show full title

TITLE IV U.K. SPECIAL PROVISIONS RELATING TO FISHING FOR CERTAIN MARINE ORGANISMS

Article 20 U.K. Restrictions on fishing for herring

1. The retention on board of herring which are caught within the geographical areas and during the periods mentioned below shall be prohibited:

(a) from 1 January to 30 April, within the geographical area situated to the north-east of a line drawn between Mull of Kintyre and Corsewall Point;

(b) from 1 July to 31 October, within the geographical area bounded by the following coordinates:

• (b) the west coast of Denmark at latitude 55^o 30′ N,

• latitude 55^o 30′ N, longitude 7^o 00′ E,

• latitude 57^o 00′ N, longitude 7^o 00′ E,

• the west coast of Denmark at latitude 57^o 00′ N;

(c) from 15 August to 15 September, within the zone extending from six to 12 miles off the east coast of the United Kingdom as measured from the baselines between latitudes 55^o 30′ N and 55^o 45′ N;

[F1 ((d)] F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) from 15 August to 30 September, within the zone extending from six to 12 miles off the east coast of the United Kingdom as measured from the baselines between latitudes 54^o 10′ N and 54^o 45′ N;

(i)

from 21 September to 15 November, within the part of ICES Division VIIa bounded by the coast of the Isle of Man and straight lines drawn consecutively between the following coordinates:

• latitude 54 ^o 20′00″ N, longitude 04 ^o 25′05″ W and latitude 54 ^o 20′00″ N, longitude 03 ^o 57′02″ W,

• latitude 54 ^o 20′00″ N, longitude 03 ^o 57′02″ W and latitude 54 ^o 17′05″ N, longitude 03 ^o 56′08″ W,

• latitude 54 ^o 17′05″ N, longitude 03 ^o 56′08″ W and latitude 54 ^o 14′06″ N, longitude 03 ^o 57′05″ W,

• latitude 54 ^o 14′06″ N, longitude 03 ^o 57′05″ W and latitude 54 ^o 00′00″ N, longitude 04 ^o 07′05″ W,

• latitude 54 ^o 00′00″ N, longitude 04 ^o 07′05″ W and latitude 53 ^o 51′05″ N, longitude 04 ^o 27′08″ W,

• latitude 53 ^o 51′05″ N, longitude 04 ^o 27′08″ W and latitude 53 ^o 48′00″ N, longitude 04 ^o 50′00″ W,

• latitude 53 ^o 48′05″ N, longitude 04 ^o 50′00″ W and latitude 54 ^o 04′05″ N, longitude 04 ^o 50′00″ W;

(ii)

from 21 September to 31 December, within the part of ICES Division VIIa bounded by the following coordinates:

• the east coast of Northern Ireland at latitude 54 ^o 15′ N,

• latitude 54 ^o 15′ N, longitude 5 ^o 15′ W,

• latitude 53 ^o 50′ N, longitude 5 ^o 50′ W,

• the east coast of Ireland at latitude 53 ^o 50′ N;]

(g) throughout the year within ICES Division VIIa, in the geographical area between the west coasts of Scotland, England and Wales, and a line drawn 12 miles from the baselines of the coasts bounded to the south by latitude 53^o 20′ N and to the north-west by a line drawn between the Mull of Galloway (Scotland) and the Point of Ayre (Isle of Man);

(h) throughout the year within Logan Bay, defined as the waters east of a line drawn from the Mull of Logan situated at latitude 54^o 44′ N and longitude 4^o 59′ W, to Laggantalluch Head, situated at latitude 54^o 41′ N and longitude 4^o 58′ W;

(i) in 1997, and every third year thereafter, from the second Friday in January, for a period of 16 consecutive days within the area bounded by the following coordinates:

• (i) the south-east coast of Ireland at latitude 52^o 00′ N,

• latitude 52^o 00′ N, longitude 6^o 00′ W,

• latitude 52^o 30′ N, longitude 6^o 00′ W,

• the south-east coast of Ireland at latitude 52^o 30′;

(j) in 1997, and every third year thereafter from the first Friday in November for a period of 16 consecutive days within the area bounded by the following coordinates:

• (j) the south coast of Ireland at longitude 9^o 00′ W,

• latitude 51^o 15′ N, longitude 9^o 00′ W,

• latitude 51^o 15′ N, longitude 11^o 00′ W,

• latitude 52^o 30′ N, longitude 11^o 00′ W,

• the west coast of Ireland at latitude 52^o 30′ N;

(k) in 1998, and every third year thereafter, from the first Friday in November for a period of 16 consecutive days within the area bounded by the following coordinates:

• (k) the south coast of Ireland at longitude 9^o 00′ W,

• latitude 51^o 15′ N, longitude 9^o 00′ W,

• latitude 51^o 15′ N, longitude 7^o 30′ W,

• the south coast of Ireland at latitude 52^o 00′ N.

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

3. Notwithstanding paragraph 1, points (f)(ii) and (h), vessels with a length not exceeding 12,2 metres based in ports situated on the east coast of Ireland and Northern Ireland between latitudes 53^o 00′ N and 55^o 00′ N may retain on board quantities of herring from the areas set out in paragraph 1, points (f)(ii) and (h). The only method of fishing authorised shall be drift-netting with nets of a mesh size equal to, or greater than, 54 millimetres.

Textual Amendments

F1 Deleted 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.

F2 Substituted by Council Regulation (EC) No 2723/1999 of 17 December 1999 amending Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms.

[F3 Article 20a U.K. Restrictions on fishing for herring in Union waters of ICES division IIa

It shall be prohibited to land or retain on board herring caught in Union waters of ICES division IIa in the periods from 1 January to 28 February and from 16 May to 31 December.]

Textual Amendments

F3 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.

Article 21 U.K. Restrictions on fishing for sprat to protect herring

1. The retention on board of sprat which are caught within the geographical areas and during the periods mentioned below shall be prohibited:

(a) from 1 January to 31 March, and from 1 October to 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^o 00′ N to a point at longitude 1^o 00′ W, from there due north to a point at latitude 55^o 30′ N and from there due west to the United Kingdom coast;

(b) from 1 January to 31 March, and from 1 October to 31 December, within the inner waters of the Moray Firth west of longitude 3^o 30′ W, and in the inner waters of the Firth of Forth west of longitude 3^o 00′ W,

(c) from 1 July to 31 October, within the geographical area bounded by the following coordinates:

• (c) the west coast of Denmark at latitude 55^o 30′ N,

• latitude 55^o 30′ N, longitude 7^o 00′ E,

• latitude 57^o 00′ N, longitude 7^o 00′ E,

• the west coast of Denmark at latitude 57^o 00′ N.

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

Article 22 U.K. Restrictions on fishing for mackerel

1. the retention on board of mackerel which are caught within the geographical area bounded by the following coordinates shall be prohibited:

• a point on the south coast of the United Kingdom at longitude 2^o 00′ W,

• latitude 49^o 30′ N, longitude 2^o 00′ W,

• latitude 49^o 30′ N, longitude 7^o 00′ W,

• latitude 52^o 00′ N, longitude 7^o 00′ W,

• a point on the west coast of the United Kingdom at latitude 52^o 00′ N,

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

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

3. All mackerel which are on board shall be deemed to have been caught within the area provided for by paragraph 1, except those which have been declared to be on board before the vessel enters that area, under the procedure described in the following subparagraphs.

The master of a vessel intending to enter that area in order to fish, and holding mackerel on board, shall notify the control authority of the Member state in whose zone he intends to fish of his estimated time and place of arrival in this area no more than 36 hours and no less than 24 hours before the vessel enters that area.

On entering the area, he shall notify the competent control authority of the quantities of mackerel which he has on board and which are entered in the log-book. The master may be required to submit his log-book and the catches on board for verification at a time and place to be determined by the competent control authority. The time shall be no later than six hours after receipt by the control authority of the message notifying the quantities of mackerel on board and the place shall be as near as possible to the point of entry into the area.

The master of the fishing vessel who intends to enter the area for the purpose of having mackerel transhipped to his vessel shall notify the control authority of the Member State in whose zone transhipment will take place, or the intended time and place of transhipment no more than 36 hours and no less than 24 hours before transhipment begins. Immediately on completion of transhipment, the master shall inform the competent control authority of the quantities of mackerel which have been transhipped to that vessel.

[ F4 . . . . .

F4 . . . . .]

Textual Amendments

F4 Deleted by Council Regulation (EC) No 724/2001 of 4 April 2001 amending Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms.

Article 23 U.K. Restrictions on fishing for anchovy

1. The retention on board of anchovy caught using pelagic trawls in ICES Division VIIIc or the fishing for anchovy with pelagic trawls in this Division shall be prohibited.

2. Within the Division referred to in paragraph 1, the simultaneous carrying on board of pelagic trawls and purse seines shall be prohibited.

F5 Article 24 U.K. [F5 Restrictions on fishing for tuna]

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Deleted by Council Regulation (EC) No 973/2001 of 14 May 2001 laying down certain technical measures for the conservation of certain stocks of highly migratory species.

Article 25 U.K. Restrictions on fishing for shrimps to protect flatfish

1. The retention on board of any quantity of common shrimps and Aesop shrimps caught with demersal towed nets having any mesh size between 16 and 31 millimetres shall be prohibited, unless the vessel has installed on board a functioning device designed to separate flatfish from common shrimps and Aesop shrimps following capture.

[F6 2. At the latest on 1 July 2002 , a separator trawl or a trawl with a sorting grid shall be used to catch common shrimps and Aesop shrimps in conformity with detailed rules which Member States shall establish in accordance with Article 46. Such rules may be applicable only to nets towed by fishing vessels.]

3. However, quantities of common shrimp or Aesop shrimp may be retained on board fishing vessels that do not comply with the provisions laid down in paragraphs 1 and 2, provided these quantities do not exceed 5 % of the total live weight of the marine organisms on board.

Textual Amendments

F6 Substituted by Council Regulation (EC) No 1298/2000 of 8 June 2000 amending for the fifth time Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms.

Article 26 U.K. Restrictions on fishing for salmon and sea trout

1. Salmon and sea trout shall 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 when taken:

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

• by way of derogation from Article 2(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. Paragraph 1 shall not apply to salmon and sea trout taken within the Skagerrak and Kattegat.

Article 27 U.K. Restrictions on fishing for Norway pout to protect other roundfish

1. The retention on board of Norway pout which are caught with any towed gear in the area which is bounded by a line joining the following points shall be prohibited:

• a point at 56^o N on the east coast of the United Kingdom as far as 2^o E,

• the running north to 58^o N, west to 0^o 30′ W, north to 59^o 15′ N, east to 1^o E, north to 60^o N, west to longitude 0^o 00′;

• from there north to 60^o 30′ N, west to the coast of the Shetland Isles, then west from 60^o N on the west coast of the Shetlands to 3^o W, south to 58^o 30′ N,

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

2. However, vessels may 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 the said area with the said gear.

Article 28 U.K. Restrictions on fishing for hake

1. Fishing with any trawl, Danish seine or similar towed net, in the geographical areas and during the periods mentioned below, shall be prohibited:

[F7 (a) from 1 October to 31 January of the following year, within the geographical area bounded by a line sequentially joining the following coordinates:

• [F7 (a) latitude 43 ^o 46,5′ N, longitude 7 ^o 54,4′ W,

• latitude 44 ^o 1,5′ N, longitude 7 ^o 54,4′ W,

• latitude 43 ^o 25′ N, longitude 9 ^o 12′ W,

• latitude 43 ^o 10′ N, longitude 9 ^o 12′ W;]

[F4 ((b)] F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) 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:

• (c) a point on the west coast of Portugal at latitude 37^o 50′ N,

• latitude 37^o 50′ N, longitude 9^o 08′ W,

• latitude 37^o 00′ N, longitude 9^o 07′ W,

• a point on the west coast of Portugal at latitude 37^o 00′ N.

2. Within the zones and during the periods referred to in paragraph 1, the carrying on board of any trawl, Danish seine or similar towed net shall be prohibited, unless such gears are lashed and stowed in accordance with the provisions laid down in Article 20(1) of Regulation (EEC) No 2847/93.

Textual Amendments

F4 Deleted by Council Regulation (EC) No 724/2001 of 4 April 2001 amending Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms.

F7 Substituted by Council Regulation (EC) No 724/2001 of 4 April 2001 amending Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms.

Article 29 U.K. [F7 Conditions applicable in a major plaice nursery area]

1. Vessels exceeding eight metres length overall shall be prohibited from using any demersal trawl, Danish seine or similar towed gear inside the following geographical areas:

(a) the area within 12 miles of the coasts of France, north of latitude 51^o 00′ N, Belgium, and the Netherlands up to latitude 53^o 00′ N, measured from the baselines;

(b) the area bounded by a line joining the following coordinates:

• (b) a point on the west coast of Denmark at latitude 57^o 00′ N,

• latitude 57^o 00′ N, longitude 7^o 15′ E,

• latitude 55^o 00′ N, longitude 7^o 15′ E,

• latitude 55^o 00′ N, longitude 7^o 00′ E,

• latitude 54^o 30′ N, longitude 7^o 00′ E,

• latitude 54^o 30′ N, longitude 7^o 30′ E,

• latitude 54^o 00′ N, longitude 7^o 30′ E,

• latitude 54^o 00′ N, longitude 6^o 00′ E,

• latitude 53^o 50′ N, longitude 6^o 00′ E,

• latitude 53^o 50′ N, longitude 5^o 00′ E,

• latitude 53^o 30′ N, longitude 5^o 00′ E,

• latitude 53^o 30′ N, longitude 4^o 15′ E,

• latitude 53^o 00′ N, longitude 4^o 15′ E,

• a point on the coast of the Netherlands at latitude 53^o 00′ N;

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

2. (a) However, vessels to which a special fishing permit has been issued in accordance with Article 7(3) of Regulation (EC) No 1627/94 shall be authorised to fish in the areas referred to in paragraph 1 using beam trawls. The use of any beam trawl of which the beam length, or of any beam trawls of which the aggregate beam length, measured as the sum of the length of each beam, is greater than nine metres, or can be extended to a length greater than nine metres, shall be prohibited, except when operating with gear having a mesh size between 16 and 31 millimetres. The length of a beam shall be measured between its extremities including all attachments thereto.

(b) Notwithstanding Article 1(2) of Regulation (EC) No 1627/94, special fishing permits for the purposes indicated in (a) may be issued for vessels exceeding eight metres length overall.

(c) Vessels to which a special fishing permit as referred to in (a) and (b) has been issued shall comply with the following criteria:

• (c) they must be included in a list to be provided to the Commission by each Member State such that the total engine power of the vessels within each list does not exceed the total engine power in evidence for each Member State at 1 January 1998,

• their engine power does not exceed 221 kilowatts (kW) at any time and, in the case of derated engines did not exceed 300 kW before derating.

(d) Any individual vessel on the list may be replaced by another vessel or vessels, provided that:

• (d) no replacement will lead to an increase for each Member State in its total engine power indicated in the first indent of (c),

• the engine power of any replacement vessel does not exceed 221 kW at any time,

• the engine of any replacement vessel is not derated, and

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

(e) An engine of any individual vessel included in the list for any Member State may be replaced, provided that:

• (e) the replacement of an engine does not lead to the vessel's engine power exceeding 221 kW at any time,

• the replacement engine is not derated, and

• the power of the replacement engine is not such that replacement will lead to an increase in the total engine power as indicated in the first indent of (c) for that Member State.

(f) Fishing vessels which do not comply with the criteria specified in this paragraph shall have their special fishing permit withdrawn.

3. Notwithstanding paragraph 2(a), vessels holding a special fishing permit and whose primary activity is fishing for common shrimp, shall be permitted to use beam trawls of which the aggregate beam length, measured as the sum of the length of each beam, is greater than nine metres when operating with gear having a mesh size between 80 and 99 millimetres, provided that an additional special fishing permit to this effect has been issued to these vessels. This additional special fishing permit shall be annually reviewed.

Any vessel or vessels to which such an additional special fishing permit has been issued may be replaced by another vessel, provided that:

• the replacement vessel does not exceed 70 GRT and does not exceed an overall length of 20 metres, or

• the capacity of the replacement vessel does not exceed 180 kW and that the replacement vessel does not exceed an overall length of 20 metres.

Fishing vessels which cease to comply with the criteria specified in this paragraph shall have their additional special fishing permit permanently withdrawn.

4. (a) By way of derogation from paragraph 1:

• (a) vessels whose engine power does not exceed 221 kW at any time and, in the case of derated engines did not exceed 300 kW before derating, [F2 shall be authorised to fish in the areas referred to in that paragraph using demersal otter trawls or Danish seine],

• paired vessels whose combined engine power does not exceed 221 kW at any time and, in the case of derated engines did not exceed 300 kW before derating, shall be authorised to fish in said areas using demersal pair trawls.

[F2 (b) However, vessels whose engine power exceeds 221 kW shall be permitted to use demersal otter trawls or Danish seine, or paired vessels whose combined engine power exceeds 221 kW shall be permitted to use demersal pair trawls, provided that:]

(i)

• the catch of sand eel and/or sprat retained on board and caught in the said areas constitutes at least 90 % of the total live weight of the marine organisms on board and caught in the said areas, and

• the quantities of plaice and/or sole retained on board and caught in the said areas do not exceed 2 % of the total live weight of the marine organisms on board and caught in the said areas;

  or

(ii)

• [F2 in the case of demersal otter trawls or demersal pair trawls, the mesh size used is at least 100 millimetres, and]

• the quantities of plaice and/or sole retained on board and caught in the said areas do not exceed 5 % of the total weight of the marine organisms on board and caught in the said areas;

  or

(iii)

• the mesh size used is at least 80 millimetres, and

• the use of such mesh sizes is restricted to an area within 12 miles of the coast of France north of latitude 51^o 00′ N, and

• the [F8 quantities of plaice and/or sole] retained on board and caught in the said areas, do not exceed 5 % of the total live weight of the marine organisms on board and caught in the said areas[F2 ;]

  [F9 or]

(iv)

[F9 in the case of Danish seine, the mesh size used is at least 100 millimetres.]

5. [F2 Within areas where beam trawls, otter trawls, bottom pair trawls or Danish seine may not be used], the carrying on board of such nets shall be prohibited, unless they are lashed and stowed in accordance with the provisions laid down in Article 20(1) of Regulation (EEC) No 2847/93.

6. Detailed rules for the implementation of this Article shall be drawn up in accordance with the procedure laid down in Article 48.

Textual Amendments

F2 Substituted by Council Regulation (EC) No 2723/1999 of 17 December 1999 amending Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms.

F7 Substituted by Council Regulation (EC) No 724/2001 of 4 April 2001 amending Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms.

F8 Substituted by Council Regulation (EC) No 308/1999 of 8 February 1999 amending Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms.

F9 Inserted by Council Regulation (EC) No 2723/1999 of 17 December 1999 amending Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms.

[F10 Article 29a U.K. Closure of an area for sand eel fisheries in ICES sub-area IV

1. It shall be prohibited to land or retain on board sand eels caught within the geographical area bounded by the east coast of England and Scotland, and enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:

• the east coast of England at latitude 55°30′ N,

• latitude 55°30′ N, longitude 01°00′ W,

• latitude 58°00′ N, longitude 01°00′ W,

• latitude 58°00′ N, longitude 02°00′ W,

• the east coast of Scotland at longitude 02°00′ W.

2. Fisheries for scientific investigation shall be allowed in order to monitor the sand eel stock in the area and the effects of the closure.]

Textual Amendments

F10 Substituted 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.

[F11 Article 29b U.K. Restrictions on fishing for Norway lobster

1. During the periods set out below fishing with:

(i)

bottom trawls or similar towed nets operating in contact with the bottom of the sea, and

(ii)

creels shall be prohibited in the geographical areas bounded by rhumb lines joining the following positions as measured according to the WGS84 standard:

(a)

from 1 June to 31 August:

• latitude 42°23′ N, longitude 08°57′ W

• latitude 42°00′ N, longitude 08°57′ W

• latitude 42°00′ N, longitude 09°14′ W

• latitude 42°04′ N, longitude 09°14′ W

• latitude 42°09′ N, longitude 09°09′ W

• latitude 42°12′ N, longitude 09°09′ W

• latitude 42°23′ N, longitude 09°15′ W

• latitude 42°23′ N, longitude 08°57′ W;

(b)

from 1 May to 31 August:

• latitude 37°45′ N, longitude 09°00′ W

• latitude 38°10′ N, longitude 09°00′ W

• latitude 38°10′ N, longitude 09°15′ W

• latitude 37°45′ N, longitude 09°20′ W.

2. By way of derogation from the prohibition laid down in paragraph 1, fishing with bottom trawls or similar towed nets operating in contact with the bottom of the sea in the geographical areas and during the period set out in paragraph 1(b) shall be authorised provided that the by-catch of Norway lobster does not exceed 2 % of the total weight of the catch.

[F10 3. By way of derogation from the prohibition laid down in paragraph 1, fishing with creels that do not catch Norway lobster shall be authorised in the geographical areas and during the periods set out in that paragraph.]

4. In the geographical areas and outside the periods referred to in paragraph 1, the by-catch of Norway lobster may not exceed 5 % of the total weight of the catch.

5. In the geographical areas and outside the periods set out in paragraph 1, Member States shall ensure that the fishing effort levels of vessels fishing with bottom trawls or similar towed nets operating in contact with the bottom of the sea do not exceed the levels of fishing effort carried out by the vessels of the Member State concerned during the same periods and in the same geographical areas in 2004.

6. Member States shall communicate to the Commission their measures to fulfil the obligation laid down in paragraph 5. If the Commission finds that the measures of a Member State do not fulfil that obligation, it may propose amendments to those measures. In the absence of agreement on measures between the Commission and the Member State concerned, the Commission may adopt measures in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002 (1) .]

Textual Amendments

F10 Substituted 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.

F11 Inserted by Council Regulation (EC) No 2166/2005 of 20 December 2005 establishing measures for the recovery of the Southern hake and Norway lobster stocks in the Cantabrian Sea and Western Iberian peninsula and amending Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms.

[F3 Article 29c U.K. Rockall Haddock box in ICES sub-area VI

1. All fishing of Rockall haddock, except with longlines, shall be prohibited in the areas enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:

• 57°00′ N, 15°00′ W

• 57°00′ N, 14°00′ W

• 56°30′ N, 14°00′ W

• 56°30′ N, 15°00′ W

• 57°00′ N, 15°00′ W.

Textual Amendments

F3 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.

Article 29d U.K. Restrictions on fishing for cod, haddock and whiting in ICES sub-area VI

1. It shall be prohibited to conduct any fishing activity for cod, haddock and whiting within that part of ICES division VIa that lies to the east or to the south of those rhumb lines which sequentially join the following coordinates, which shall be measured according to the WGS84 system:

• 54°30′ N, 10°35′ W

• 55°20′ N, 09°50′ W

• 55°30′ N, 09°20′ W

• 56°40′ N, 08°55′ W

• 57°00′ N, 09°00′ W

• 57°20′ N, 09°20′ W

• 57°50′ N, 09°20′ W

• 58°10′ N, 09°00′ W

• 58°40′ N, 07°40′ W

• 59°00′ N, 07°30′ W

• 59°20′ N, 06°30′ W

• 59°40′ N, 06°05′ W

• 59°40′ N, 05°30′ W

• 60°00′ N, 04°50′ W

• 60°15′ N, 04°00′ W.

2. Any fishing vessel present within the area referred to in paragraph 1 of this Article shall ensure that any fishing gears carried on board are lashed and stowed in accordance with Article 47 of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (2) .

3. By way of derogation from paragraph 1, it shall be permitted to conduct fishing activities within the area referred to in that paragraph using inshore static nets fixed with stakes, scallop dredges, mussel dredges, handlines, mechanised jigging, draft nets and beach seines, pots and creels, provided that:

(a) no fishing gears other than inshore static nets fixed with stakes, scallop dredges, mussel dredges, handlines, mechanised jigging, draft nets and beach seines, pots and creels are carried on board or deployed; and

(b) no fish other than mackerel, pollack, saithe and salmon, or shellfish other than molluscs and crustaceans are retained on board, landed or brought ashore.

4. By way of derogation from paragraph 1, it shall be permitted to conduct fishing activities within the area referred to in that paragraph using nets with a mesh size of less than 55 millimetres, provided that:

(a) no net of mesh size greater than or equal to 55 millimetres is carried on board; and

(b) no fish other than herring, mackerel, pilchard/sardines, sardinelles, horse mackerel, sprat, blue whiting, boarfish and argentines are retained on board.

5. By way of derogation from paragraph 1, it shall be permitted to conduct fishing activities within the area referred to in that paragraph using gillnets of mesh size greater than 120 millimetres, provided that:

(a) they are only deployed in the area south of 59° N;

(b) the maximum length of gillnet deployed is 20 km per vessel;

(c) the maximum soak time is 24 hours; and

(d) no more than 5 % of the catch is made up of whiting and cod.

6. By way of derogation from paragraph 1, it shall be permitted to conduct fishing activities within the area referred to in that paragraph using gillnets with a mesh size that is greater than 90 millimetres, provided that:

(a) they are only deployed within 3 nautical miles of the coastline and for a maximum of 10 days per calendar month;

(b) the maximum length of gillnet deployed is 1 000 metres;

(c) the maximum soak time is 24 hours; and

(d) at least 70 % of the catch is made up of lesser spotted dogfish.

7. By way of derogation from paragraph 1, it shall be permitted to fish for Norway lobster within the area set out in that paragraph, provided that:

(a) the fishing gear used incorporates a sorting grid in accordance with points 2 to 5 of Annex XIVa, or a square-mesh panel as described in Annex XIVc, or is another gear with equivalent high selectivity;

(b) the fishing gear is constructed with a minimum mesh size of 80 millimetres;

(c) at least 30 % of the retained catch by weight is Norway lobster.

The Commission shall, on the basis of a favourable opinion by STECF, adopt implementing acts, determining which gears are to be considered to have equivalent high selectivity for the purpose of point (a).

8. Paragraph 7 shall not apply within the area enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:

• 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.

9. By way of derogation from paragraph 1, it shall be permitted to fish with trawls, demersal seines or similar gears within the area set out in that paragraph, provided that:

(a) all nets on board the vessel are constructed with a minimum mesh size of 120 millimetres for vessels with an overall length of more than 15 metres and of 110 millimetres for all other vessels;

(b) where the catch retained on board includes less than 90 % saithe the fishing gear used incorporates a square mesh panel as described in Annex XIVc; and

(c) where the overall length of the vessel is less than or equal to 15 metres, regardless of the quantity of saithe retained on board, the fishing gear used incorporates a square-mesh panel as described in Annex XIVd.

10. No later than 1 January 2015 and no later than every two years thereafter, the Commission shall, in the light of scientific advice by STECF, assess the characteristics of gears specified in paragraph 9 and, where appropriate, submit to the European Parliament and to the Council a proposal for amendment of paragraph 9.

11. Paragraph 9 shall not apply within the area enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:

• 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.

12. From 1 January to 31 March, and from 1 October to 31 December each year, it shall be prohibited to conduct any fishing activity using any of the gears specified in Annex I to Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks (3) in the area specified in ICES area VIa enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:

• 55°25′ N, 07°07′ W

• 55°25′ N, 07°00′ W

• 55°18′ N, 06°50′ W

• 55°17′ N, 06°50′ W

• 55°17′ N, 06°52′ W

• 55°25′ N, 07°07′ W.

Neither the master of a fishing vessel nor any other person on board shall cause or permit a person on board to attempt to fish for, land, tranship or have on board fish caught in the specified area.

13. Each Member State concerned shall implement an onboard observer programme from 1 January to 31 December each year in order to sample the catches and discards of vessels benefiting from the derogations provided for in paragraphs 5, 6, 7 and 9. The observer programmes shall be carried out without prejudice to the obligations under the respective rules and shall aim to estimate cod, haddock and whiting catches and discards with a precision of at least 20 %.

14. Member States concerned shall produce a report on the total amount of catches and discards made by vessels subject to the observer programme during each calendar year and shall submit it to the Commission no later than 1 February of the following calendar year.

15. No later than 1 January 2015 and no later than every two years thereafter, the Commission shall assess the state of cod, haddock and whiting stocks in the area specified in paragraph 1 in the light of scientific advice by STECF and, where appropriate, submit to the European Parliament and the Council a proposal for the amendment of this Article.

Textual Amendments

F3 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.

Article 29e U.K. Restrictions on fishing for cod in ICES sub-area VII

1. From 1 February until 31 March each year, it shall be prohibited to conduct any fishing activity in ICES sub-area VII in the area which consists of ICES statistical rectangles: 30E4, 31E4, 32E3. This prohibition shall not apply within 6 nautical miles from the baseline.

2. By way of derogation from paragraph 1, it shall be permitted to conduct fishing activities using inshore static nets fixed with stakes, scallop dredges, mussel dredges, draft nets and beach seines, handlines, mechanised jigging, pots and creels within the area and time periods referred to in that paragraph, provided that:

(a) no fishing gears other than inshore static nets fixed with stakes, scallop dredges, mussel dredges, draft nets and beach seines, handlines, mechanised jigging, pots and creels are carried on board or deployed; and

(b) no fish other than mackerel, pollack, salmon, or shellfish other than molluscs and crustaceans are landed, retained on board or brought ashore.

3. By way of derogation from paragraph 1, it shall be permitted to conduct fishing activities within the area referred to in that paragraph using nets of mesh size less than 55 millimetres, provided that:

(a) no net of mesh size greater than or equal to 55 millimetres is carried on board; and

(b) no fish other than herring, mackerel, pilchard/sardines, sardinelles, horse mackerel, sprat, blue whiting, boarfish and argentines are retained on board.

Textual Amendments

F3 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.

Article 29f U.K. Special rules for the protection of blue ling

1. From 1 March to 31 May each year it shall be prohibited to retain on board any quantity of blue ling in excess of 6 tonnes per fishing trip in the areas of ICES division VIa enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:

(a) Edge of Scottish continental shelf

• (a) 59°58′ N, 07°00′ W

• 59°55′ N, 06°47′ W

• 59°51′ N, 06°28′ W

• 59°45′ N, 06°38′ W

• 59°27′ N, 06°42′ W

• 59°22′ N, 06°47′ W

• 59°15′ N, 07°15′ W

• 59°07′ N, 07°31′ W

• 58°52′ N, 07°44′ W

• 58°44′ N, 08°11′ W

• 58°43′ N, 08°27′ W

• 58°28′ N, 09°16′ W

• 58°15′ N, 09°32′ W

• 58°15′ N, 09°45′ W

• 58°30′ N, 09°45′ W

• 59°30′ N, 07°00′ W

• 59°58′ N, 07°00′ W;

(b) Edge of Rosemary bank

• (b) 60°00′ N, 11°00′ W

• 59°00′ N, 11°00′ W

• 59°00′ N, 09°00′ W

• 59°30′ N, 09°00′ W

• 59°30′ N, 10°00′ W

• 60°00′ N, 10°00′ W

• 60°00′ N, 11°00′ W

Not including the area enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:

• 59°15′ N, 10°24′ W

• 59°10′ N, 10°22′ W

• 59°08′ N, 10°07′ W

• 59°11′ N, 09°59′ W

• 59°15′ N, 09°58′ W

• 59°22′ N, 10°02′ W

• 59°23′ N, 10°11′ W

• 59°20′ N, 10°19′ W

• 59°15′ N, 10°24′ W.

2. When entering and exiting the areas referred to in paragraph 1, the master of a fishing vessel shall record the date, time and place of entry and exit in the logbook.

3. In either of the two areas referred to in paragraph 1, if a vessel reaches the 6 tonnes of blue ling:

(a) it shall immediately cease fishing and exit the area in which it is present;

(b) it may not re-enter either of the areas until its catch has been landed;

(c) it may not return to the sea any quantity of blue ling.

4. The observers referred to in Article 8 of Council Regulation (EC) No 2347/2002 of 16 December 2002 establishing specific access requirements and associated conditions applicable to fishing for deep-sea stocks (4) who are assigned to fishing vessels present in one of the areas referred to in paragraph 1 shall, in addition to the tasks referred to in paragraph 4 of that Article, for appropriate samples of the catches of blue ling, measure the fish in the samples and determine the stage of sexual maturity of subsampled fish. On the basis of advice from STECF, Member States shall establish detailed protocols for sampling and for the collation of results.

5. From 15 February to 15 April each year, it shall be prohibited to use bottom trawls, longlines and gillnets within an area enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:

• 60°58.76′ N, 27°27.32′ W

• 60°56.02′ N, 27°31.16′ W

• 60°59.76′ N, 27°43.48′ W

• 61°03.00′ N, 27°39.41′ W

• 60°58.76′ N, 27°27.32′ W.

Textual Amendments

F3 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.

Article 29g U.K. Measures for the redfish fishery in international waters of ICES sub-areas I and II

1. Directed fishing for redfish in the international waters of ICES sub-areas I and II shall only be permitted within the period from 1 July to 31 December each year by vessels which have previously been engaged in the redfish fishery in the NEAFC Regulatory Area, as defined in Article 3(3) of Regulation (EU) No 1236/2010 of the European Parliament and of the Council of 15 December 2010 laying down a scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries (5) .

2. Vessels shall limit their by-catches of redfish in other fisheries to a maximum of 1 % of the total catch retained on board.

3. The conversion factor to be applied to the gutted and headed presentation, including the Japanese cut presentation, of redfish caught in this fishery shall be 1,70.

4. By way of derogation from Article 9(1)(b) of Regulation (EU) No 1236/2010, masters of fishing vessels engaged in this fishery shall report their catches on a daily basis.

5. In addition to the provisions of Article 5 of Regulation (EU) No 1236/2010, an authorisation to fish for redfish shall only be valid if the reports transmitted by vessels are in accordance with Article 9(1) of that Regulation and are recorded in accordance with Article 9(3) thereof.

6. Member States shall ensure that scientific information is collected by scientific observers on board vessels flying their flag. As a minimum, the information collected shall include representative data on sex, age and length composition by depths. This information shall be reported to ICES by the competent authorities in the Member States.

7. The Commission shall inform Member States of the date on which the NEAFC Secretariat notifies the NEAFC Contracting Parties that the total allowable catch (TAC) has been fully utilised. Member States shall prohibit directed fishery for redfish by vessels flying their flag from that date.

Textual Amendments

F3 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.

Article 29h U.K. Measures for the redfish fishery in the Irminger Sea and adjacent waters

1. It shall be prohibited to catch redfish in international waters of ICES sub-area V and Union waters of ICES sub-areas XII and XIV.

By way of derogation from the first subparagraph, it shall be permitted to catch redfish from 11 May to 31 December in the area enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system (the ‘ Redfish Conservation Area ’ ):

• 64°45′ N, 28°30′ W

• 62°50′ N, 25°45′ W

• 61°55′ N, 26°45′ W

• 61°00′ N, 26°30′ W

• 59°00′ N, 30°00′ W

• 59°00′ N, 34°00′ W

• 61°30′ N, 34°00′ W

• 62°50′ N, 36°00′ W

• 64°45′ N, 28°30′ W.

2. Notwithstanding paragraph 1, a fishery for redfish may be permitted, by a Union legal act, outside the Redfish Conservation Area in the Irminger Sea and adjacent waters from 11 May to 31 December each year on the basis of scientific advice and provided that NEAFC has established a recovery plan in respect of redfish in that geographical area. Only Union vessels that have been duly authorised by their respective Member State and notified to the Commission as required under Article 5 of Regulation (EU) No 1236/2010 shall participate in this fishery.

3. It shall be prohibited to use trawls with a mesh size of less than 100 millimetres.

4. The conversion factor to be applied to the gutted and headed presentation, including the Japanese cut presentation, of redfish caught in this fishery shall be 1,70.

5. Masters of fishing vessels engaged in the fishery outside the Redfish Conservation Area shall transmit the catch report provided for in Article 9(1)(b) of Regulation (EU) No 1236/2010 on a daily basis after the fishing operations of that calendar day have been completed. It shall indicate the catches on board taken since the last communication of catches.

6. In addition to the provisions of Article 5 of Regulation (EU) No 1236/2010, an authorisation to fish for redfish shall only be valid if the reports transmitted by vessels are in accordance with Article 9(1) of that Regulation and are recorded in accordance with Article 9(3) thereof.

7. The reports referred to in paragraph 6 shall be made in accordance with the relevant rules.]

Textual Amendments

F3 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.

(1)

[F11 OJ L 358, 31.12.2002, p. 59 .]

(2)

[F3 OJ L 343, 22.12.2009, p. 1 .

(3)

OJ L 348, 24.12.2008, p. 20 .

(4)

OJ L 351, 28.12.2002, p. 6 .

(5)

OJ L 348, 31.12.2010, p. 17 .]

Textual Amendments

F3 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.

F11 Inserted by Council Regulation (EC) No 2166/2005 of 20 December 2005 establishing measures for the recovery of the Southern hake and Norway lobster stocks in the Cantabrian Sea and Western Iberian peninsula and amending Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms.