Council Regulation (EC) No 850/98 (repealed)Show full title

TITLE V U.K. RESTRICTIONS ON CERTAIN TYPES OF FISHING AND ASSOCIATED ACTIVITIES

Article 30 U.K. Restrictions on the use of demersal towed gears

1. Vessels shall be prohibited from having on board or using any beam trawl of which the beam length, or any beam trawls of which the aggregate beam length measured as the sum of the length of each beam, is greater than 24 metres or can be extended to a length greater than 24 metres. The length of a beam shall be measured between its extremities including all attachments thereto.

2. Vessels shall be prohibited from using any beam trawl of which the mesh size lies between 32 and 99 millimetres within either of the following geographical areas:

(a) the North Sea north of a line joined by the following points:

• (a) a point on the east coast of the United Kingdom at latitude 55^o N,

• then east to latitude 55^o N, longitude 5^o E,

• then north to latitude 56^o N,

• and finally east to a point on the west coast of Denmark at latitude 56^o N;

[F1 (b) ICES Division Vb and ICES sub-area VI north of latitude 56 ^o N.]

Within the areas mentioned under (a) and (b), the keeping on board of any beam trawl of which the mesh size lies between 32 and 99 millimetres shall be prohibited, unless such a net is lashed and stowed in accordance with the provisions laid down in Article 20(1) of Regulation (EEC) No 2847/93.

3. Vessels shall be prohibited from using any demersal otter trawl, demersal pair trawl or Danish seine of which the mesh size lies between 80 and 99 millimetres within the geographical area set out in paragraph 2(a). Within this area, the keeping on board of any demersal otter trawl, demersal pair trawl or Danish seine of which the mesh size lies between 80 and 99 millimetres shall be prohibited, unless such a net is lashed and stowed in accordance with the provisions laid down in Article 20(1) of Regulation (EEC) No 2847/93.

[F2 4. Vessels shall be prohibited from using any bottom trawl or similar towed nets operating in contact with the bottom of the sea in the area bounded by a line joining the following coordinates:

Latitude 59 o 54 N	Longitude 6 o 55 W
Latitude 59 o 47 N	Longitude 6 o 47 W
Latitude 59 o 37 N	Longitude 6 o 47 W
Latitude 59 o 37 N	Longitude 7 o 39 W
Latitude 59 o 45 N	Longitude 7 o 39 W
Latitude 59 o 54 N	Longitude 7 o 25 W.]

[F3 5. Vessels shall be prohibited from using any gillnet, entangling net or trammel net at depths greater than 200 metres and any bottom trawl or similar towed nets operating in contact with the bottom of the sea in the areas bounded by a line joining the following coordinates:

(a)

area named ‘ Madeira and Canaries ’

Latitude 27° 00′ N	longitude 19° 00′ W
Latitude 26° 00′ N	longitude 15° 00′ W
Latitude 29° 00′ N	longitude 13° 00′ W
Latitude 36° 00′ N	longitude 13° 00′ W
Latitude 36° 00′ N	longitude 19° 00′ W

(b)

area named ‘ Azores ’

Latitude 36° 00′ N	longitude 23° 00′ W
Latitude 39° 00′ N	longitude 23° 00′ W
Latitude 42° 00′ N	longitude 26° 00′ W
Latitude 42° 00′ N	longitude 31° 00′ W
Latitude 39° 00′ N	longitude 34° 00′ W
Latitude 36° 00′ N	longitude 34° 00′ W.]

Textual Amendments

F1 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.

F2 Inserted by Council Regulation (EC) No 602/2004 of 22 March 2004 amending Regulation (EC) No 850/98 as regards the protection of deepwater coral reefs from the effects of trawling in an area north west of Scotland.

F3 Inserted by Council Regulation (EC) No 1568/2005 of 20 September 2005 amending Regulation (EC) No 850/98 as regards the protection of deep-water coral reefs from the effects of fishing in certain areas of the Atlantic Ocean.

Article 31 U.K. Unconventional fishing methods

1. The catching of marine organisms using methods incorporating the use of explosives, poisonous or stupefying substances or electric current shall be prohibited.

2. The sale, display or offer for sale of marine organisms caught using methods incorporating the use of any kind of projectile shall be prohibited.

Article 32 U.K. Restrictions on the use of automatic grading equipment

1. The carrying or use on board a fishing vessel of equipment which is capable of automatically grading by size or by sex herring or mackerel or horse mackerel shall be prohibited.

2. However, the carrying and use of such equipment shall be permitted provided that:

(a) the vessel does not simultaneously carry or use on board either towed gear of mesh size less than 70 millimetres or one or more purse seines or similar fishing gears;

or

(i)

the whole of the catch which may be lawfully retained on board is stored in a frozen state, the graded fish are frozen immediately after grading and no graded fish are returned to the sea except as required by Article 19;

and

(ii)

the equipment is installed and located on the vessel in such a way as to ensure immediate freezing and not to allow the return of marine organisms to the sea.

3. Any vessel authorised to fish in the Baltic, Belts or Sound may carry automatic grading equipment in the Kattegat provided that a special fishing permit has been issued to that effect.

The special fishing permit shall define the species, areas, time periods and any other required conditions applicable to the use and carriage on board of the grading equipment.

F4 Article 33 U.K. [F4 Restrictions on the use of purse seines]

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Textual Amendments

F4 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 34 U.K. Restrictions on fishing activities in the 12-mile zone around the United Kingdom and Ireland

1. Vessels shall be prohibited from using any beam trawl inside the areas within 12 miles of the coasts of the United Kingdom and Ireland, measured from the baselines from which the territorial waters are measured.

2. However, vessels in any of the following categories are authorised to fish in the areas referred to in paragraph 1 using beam trawls:

(a) a vessel which entered into service before 1 January 1987, and whose engine power does not exceed 221 kW, and in the case of derated engines did not exceed 300 kW before derating;

(b) a vessel which entered into service after 31 December 1986 whose engine is not derated, whose engine power does not exceed 221 kW, and whose length overall does not exceed 24 metres;

(c) a vessel which had its engine replaced after 31 December 1986 with an engine which is not derated and whose power does not exceed 221 kW.

3. Notwithstanding paragraph 2, 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.

4. Fishing vessels which do not comply with the criteria specified in paragraphs 2 and 3 shall not be allowed to engage in the fishing activities referred to in those paragraphs.

5. Vessels which may not use beam trawls shall be prohibited from carrying on board such nets within the areas referred to in this Article, 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.