1.Fishing vessels shall limit their by-catch to a maximum of 2 500 kg or 10 %, whichever is the greater, for each species regulated by NAFO for which no quota has been allocated to the Community.
2.In cases where a ban on fishing is in force or an ‘Others’ quota has been fully utilised, the by-catch of the species concerned may not exceed 1 250 kg or 5 %, whichever is the greater.
3.The percentages in paragraphs 1 and 2 shall be calculated as the percentage, by weight, for each species of the total catch retained on board. Catches of shrimp shall not be included in the calculation of by-catch levels of ground fish species.
1.If the percentages of by-catches in any one haul exceed the percentages laid down in Article 4(1) and (2) the vessel shall immediately move a minimum of 10 nautical miles from any position of the previous tow and throughout the next tow keep a minimum distance of 10 nautical miles from any position of the previous tow. If after moving, the next haul exceeds these by-catch limits the vessel shall leave the Division and not return for at least 60 hours.
2.Should total by-catches of all ground fish species subject to quota in any haul in the shrimp fishery exceed 5 % by weight in Division 3M or 2,5 % by weight in Division 3L, the vessel shall move a minimum of 10 nautical miles from any position of the previous tow and throughout the next tow keep a minimum distance of 10 nautical miles from any position of the previous tow. If after moving, the next haul exceeds these by-catch limits the vessel shall leave the Division and not return for at least 60 hours.
3.The percentage of by-catch authorised in any one haul shall be calculated as the percentage, by weight, for each species of the total catch in that haul.
1.Masters of Community vessels shall not conduct directed fisheries for species for which by-catch limits apply. A directed fishery for a species shall be considered to have been conducted when that species comprises the largest percentage by weight of the total catch in any one haul.
2.However, when a vessel is conducting a directed fishery for skate with a legal mesh size appropriate for that fishery, the first time that, in a haul, catches of species for which by-catch limits comprise the largest percentage, by weight of the total catch, they shall be considered as incidental. In this event the vessel shall immediately change position in accordance with Article 5(1) and (2).
3.Following an absence from a Division of at least 60 hours in accordance with the provisions of Article 5(1) and (2), masters of Community vessels shall undertake a trial tow the duration of which shall not exceed three hours. By way of derogation from paragraph 1 of this Article, if in a haul from such a trial tow catches of species for which by-catch limits apply comprise the largest percentage, by weight of the total catch, it shall not be considered as a directed fishery. In this event the vessel shall immediately change position in accordance with Article 5(1) and (2).
1.The use of trawl net having in any section thereof net meshes of dimensions less than 130 mm shall be prohibited for directed fishing of the groundfish species referred to in Annex I except for fishing for Sebastes mentella as referred to in paragraph 3. That mesh size may be reduced to a minimum of 60 mm for direct fishing of short-finned squid (Illex illecebrosus). For direct fishing of skates (Rajidae) this mesh size shall be increased to minimum of 280 mm in the codend and 220 mm in all other parts of the trawl.
2.Vessels fishing for shrimp (Pandalus borealis) shall use nets with a minimum mesh size of 40 mm.
3.Vessels fishing for pelagic Sebastes mentella (Oceanic redfish) in Sub-Area 2 and Division F and 3K shall use nets with a minimum mesh size of 100 mm.
1.When fishing directly for one or more of the species regulated by NAFO, Community vessels may not carry nets with a mesh size smaller than that laid down in Article 7.
2.However, Community vessels fishing in the course of the same voyage in Areas other than the NAFO Regulatory Area may keep on board nets with a mesh size smaller than that laid down in Article 7 provided they are securely lashed and stowed and are not available for immediate use. Those nets must
(a)be unshackled from their boards and their hauling or trawling cables and ropes and,
(b)if they are carried on or above the deck, be lashed securely to a part of the superstructure.
1.The use of any means or device other than those described in this Article which obstructs the meshes of a net or which diminishes their size shall be prohibited.
2.Canvas, netting or any other material may be attached to the underside of the codend in order to reduce or prevent damage.
3.Devices may be attached to the upper side of the codend provided that they do not obstruct the meshes of the codend. The use of top-side chafers shall be limited to those mentioned in Annex V.
4.Vessels fishing for shrimp (Pandalus borealis) shall use sorting grids or grates with a maximum spacing between bars of 22 mm. Vessels fishing for shrimp in Division 3L shall also be equipped with toggle chains of a minimum 72 cm in length as described in Annex VI.
1.Fish from the NAFO Regulatory Area which do not have the size required as set out in Annex III may not be processed, retained on board, transhipped, landed, transported, stored, sold, displayed or offered for sale, but shall be returned immediately to the sea after being unloaded from the net or removed from the sea.
2.Where the quantity of caught fish not having the required size exceeds 10 % of the total quantity, the vessel must move away to a distance of at least five nautical miles from any position of the previous haul before continuing fishing. Any processed fish for which minimum fish size requirements apply which is below a length equivalent to that set out in Annex III, shall be deemed to originate from fish that is below the minimum fish size.
Fishing for shrimp in Division 3L shall take place in depths greater than 200 metres and shall be limited to one vessel per each Member State's allocation at any one time.
The conduct of fishing activities involving demersal fishing gears shall be prohibited in the following areas:
| Area | Coordinate 1 | Coordinate 2 | Coordinate 3 | Coordinate 4 |
|---|---|---|---|---|
| Orphan Knoll | 50.00.30 | 51.00.30 | 51.00.30 | 50.00.30 |
| 47.00.30 | 45.00.30 | 47.00.30 | 45.00.30 | |
| Corner | 35.00.00 | 36.00.00 | 36.00.00 | 35.00.00 |
| Seamounts | 48.00.00 | 48.00.00 | 52.00.00 | 52.00.00 |
| Newfoundland | 43.29.00 | 44.00.00 | 44.00.00 | 43.29.00 |
| Seamounts | 43.20.00 | 43.20.00 | 46.40.00 | 46.40.00 |
| New England | 35.00.00 | 39.00.00 | 39.00.00 | 35.00.00 |
| Seamounts | 57.00.00 | 57.00.00 | 64.00.00 | 64.00.00 |