Regulations amending the regulations relating to sea-water fisheries

REGULATIONS AMENDING THE REGULATIONS RELATING TO SEA-WATER FISHERIES

On 17 March 2009, under sections 5 and 16 of the Act of 6 June 2008 No. 37 relating to the management of wild living marine resources, sections 4 and 6 of the Act of 17 December 1976 No. 91 relating to the Economic Zone of Norway, section 13 of the Regulations of 13 May 1977 relating to fishing and hunting operations by foreign nationals in the Economic Zone of Norway and section 98 of the Regulations of 22 December 2004 No. 1878 relating to sea-water fisheries, adopted by the Ministry of Fisheries and Coastal Affairs, the Directorate of Fisheries adopted the following regulations:

The following amendments shall be made to the Regulations of 22 December 2004 No. 1878 relating to sea-water fisheries, adopted by the Ministry of Fisheries and Coastal Affairs:

Section 35, third paragraph (amended), shall read as follows:

(3) It is prohibited for Norwegian vessels to trawl for shrimps south of 62˚N from Saturday at 24.00 hours to Sunday at 24.00 hours inclusive and on public holidays with the exception of Easter Monday and Whit Monday.

Section 43, item 34 (new), shall read as follows:

34. Great scallop 10 cm

Section 44, seventh paragraph (new), shall read as follows:

Great scallops shall be measured along the greatest length of the shell.

The current section 44, seventh and eighth paragraphs, becomes section 44, eighth and ninth paragraphs.

Section 45, first paragraph (amended), shall read as follows:

(1) The minimum sizes prescribed in section 43 do not apply to fish for personal consumption. However, this exception does not apply to lobsters and great scallops.

Section 49, second paragraph (amended), shall read as follows:

Up to 5% by weight of saithe in each catch and in the catch landed is excepted from the prohibition of the first paragraph above.

II
These regulations enter into force immediately.

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The amended regulations read as follows:

REGULATIONS RELATING TO SEA-WATER FISHERIES

On 22 December 2004, under sections 5, 15, 16, 17, 20, 24 and 36 of the Act of 6 June 2008 No. 37 relating to the management of wild living marine resources, sections 4 and 6 of the Act of 17 December 1976 No. 91 relating to the Economic Zone of Norway, section 13 of the Regulations of 13 May 1977 relating to fishing and hunting operations by foreign nationals in the Economic Zone of Norway, section 512 of the Maritime Act of 24 June 1994, cf the Royal Decree of 12 July 1985 relating to the delegation of authority under the Maritime Act, the Act of 20 December 1974 No. 73 relating to Animal Welfare and the Act of 19 December 2003 No. 124 relating to Food Production and Food Safety, etc, cf. the decision of 19 December 2003 No. 1790 on delegation of authority, the Ministry of Fisheries and Coastal Affairs adopted the following regulations:

CHAPTER I. SCOPE

Section 1. Scope and definitions

(1) These regulations apply to sea-water fisheries, with the exception of fishing for anadromous salmonids.

(2) For the purpose of these regulations, the term fish also includes echinoderms, crustaceans and molluscs.

(3) As regards fishing operations by Norwegian vessels, the regulations apply to waters under Norwegian fisheries jurisdiction and outside such waters unless otherwise prescribed.

(5) As regards foreign vessels, the regulations apply to fishing operations in the Economic Zone of Norway off the Norwegian mainland and in the fisheries zone around Jan Mayen unless otherwise prescribed.

CHAPTER II. MESH DESIGN AND MESH SIZE IN TRAWLS AND DANISH SEINES

Section 2. Mesh design

Meshes with more than four sides are prohibited. All sides of a mesh shall be of equal length.

Section 3. Mesh size in large-meshed trawls and Danish seines

It is prohibited to use a trawl or Danish seine if the mesh size of any part of the gear is smaller than that prescribed below.

1. North of 64^oN.

a) 135 mm.

b) When using a Danish seine, only a square-mesh codend with a minimum mesh size of 125 mm may be used in an area north and east of a line drawn through the following positions:

1. 73°40.50’N 17°00.00’E (at the outer limit of the NEZ)

2. 72°00.00’N 17°00.00’E

3. 71°30.00’N 20°00.00’E

4. 71°30.00’N 23°00.00’E

5. 70°58.50’N 23°00.00’E (at the 4 n. mile fishery limit and along this to)

6. 70°45.00’N 21°59.00’E

7. 70°40.00’N 21°59.00’E

8. 70°30.80’N 22°47.00’E

9. 70°18.70’N 23°25.90’E

In the area between this line and 64°N, it is permitted to use a square-mesh codend with a minimum mesh size of 125 mm in Danish seines.

A square-mesh codend shall consist of three parts: an extension piece, the main square-mesh codend and a diamond-mesh section at the rear end. The gear shall be designed and mounted according to the specifications enclosed with these regulations.¹⁾

2. South of 64^oN and west of a straight line drawn through Lindesnes lighthouse and Hanstholmen lighthouse:

120 mm.

3. In the fishery for saithe in the EU zone:

110 mm

4. In the Skagerrak, delimited to the west by a straight line through Lindesnes lighthouse and Hanstholmen lighthouse and to the south by a straight line through Skagen lighthouse and Tistlarna lighthouse:

90 mm.

^{1) Enclosure: specifications for the design and mounting of Danish seine codends, issued by the Directorate of Fisheries.}

Section 4. Fishing using small-meshed trawls outside the Skagerrak

Notwithstanding the provisions of section 3, in the area defined in section 3, items 1 and 2 (outside the Skagerrak), trawls with the mesh sizes specified below may be used during fishing operations for the fish species listed here.

Section 5. Fishing using small-meshed gear in the Skagerrak

(1) Notwithstanding the provisions of section 3, in the area defined in section 3, item 4 (the Skagerrak), Danish seines, trawls and other seines that are towed through the water and that have the minimum mesh sizes specified below may be used during fishing operations for the fish species listed here.

(2) During fishing for Norway lobster, the smallest mesh size in the trawl may be 70 mm provided that a square-mesh codend is used.

Section 6. Measurement of mesh size and thecodend, extension pieces and round straps in trawls and Danish seines

(1) The mesh size shall be such that a flat gauge 2 mm thick and of the width prescribed in sections 3, 4 and 5 can be threaded readily through the mesh applying a pressure corresponding to 5 kg when the mesh is stretched diagonally lengthwise and the net is wet.

(2) The mesh size of a trawl or Danish seine shall normally be determined as the average of one or more series of 20 consecutive meshes lengthwise of the net, or if the codend has fewer than 20 meshes, a series containing the maximum number of meshes. The meshes measured shall be at least 10 meshes from the selvedges and at least three meshes from the cod-line. In a small-meshed trawl, the meshes measured shall be at least 0.5 m from the cod-line. Meshes that are uneven as a result of repairs, etc shall not be included when determining the average.

(3) The circumference of the codend or extension piece shall be determined by counting the number of open meshes round the codend or extension piece and multiplying by the full mesh size. The full mesh size shall be determined as the average of 10 consecutive meshes stretched lengthwise of the net.

(4) The length of the round straps shall be more than 50% of the circumference of the codend, see section 9, third paragraph, and the length shall be measured as shown below:

length of round strap x 100 = % of circumference

full mesh size x no. open meshes

The full mesh size shall be determined as the average of 10 consecutive meshes stretched lengthwise of the net.

CHAPTER III. SELECTIVITY OF TRAWLS AND DANISH SEINES

Section 7. Selectivity

(1) It is prohibited to use any device attached to trawls or Danish seines or any form of construction that reduces the selectivity of the gear.

(2) Notwithstanding the prohibition of the first paragraph, it is permitted to use bottom side chafers, round straps and strengthening bags provided that they are designed and mounted as laid down in sections 8, 9 and 10.

Section 8. Bottom side chafers

It is permitted to attach bottom side chafers to the underside of the codend provided that they are attached only at the front edge and along the sides. The underside of the codend means the lower half of the circumference of the codend.

Section 9. Round straps

(1) It is permitted to use round straps in trawls.

(2) When using large-meshed trawls, it is only permitted to use round straps provided that they are used as specified below:

a) The distance between the round straps shall be at least one metre.

b) The round straps shall be attached transversely to the outside of the codend along one line of meshes and shall have at least two points of attachment.

(3) The length of the round straps shall be more than 50% of the circumference of the codend measured with the mesh stretched where the round straps are attached to the codend. The length of the round straps between the points of attachment shall be at least 50% of the distance between the points of attachment.

(4) It is nevertheless permitted to use a single round strap (back strap) which may be shorter than 50% of the circumference of the codend, provided that this is attached at a distance of less than 0.7 m from the cod-line.

(5) When using a Danish seine or trawl, it is permitted to use a single lifting strap provided that it is no shorter than 50% of the circumference of the codend measured with the mesh stretched where the strap is attached to the codend.

Section 10. Top side chafers, strengthening bags, flappers and other nets

(1) It is permitted to use top side chafers (strengthening bags) when fishing with small-meshed trawls with a mesh size greater than 16 mm in areas outside the Skagerrak provided that the mesh size of the chafers (bags) is at least 80 mm.

(2) It is permitted to use top side chafers (strengthening bags) when fishing with small-meshed trawls with a mesh size smaller than 16 mm in areas outside the Skagerrak provided that the mesh size of the chafers (bags) is at least 35 mm.

(3) When fishing in the area delimited in section 3, item 4 (the Skagerrak), it is permitted to use top side chafers, strengthening bags and flappers, provided that they are used as specified below:

a) In small-meshed trawls and Danish seines where the mesh size in the codend is 60 mm or less:

1) Either to attach one strengthening bag with a minimum mesh size of 80 mm outside the codend. During fishing with a trawl with a mesh size below 16 mm, an extra strengthening bag with a minimum mesh size of 35 mm may be used.

2) Or to attach a top side chafer, which must have a mesh size at least twice that of the codend, to the upper surface of the codend. The top side chafer shall be attached to all four sides of the codend, such that each mesh of the top side chafer coincides with four meshes of the codend.

b) To use one flapper attached to the inside of the gear in front of the codend; its mesh size must not be smaller than the mesh size of the trawl or Danish seine, and its length shall be such that it cannot be stretched more than 20 meshes into the codend.

Section 11. Codend and extension piece in large-meshed trawls and Danish seines

In the area south of 62˚N, the following shall apply when fishing with a large-meshed trawl or Danish seine:

a) It is prohibited to use a trawl or Danish seine in which the overall length of the extension piece and codend exceeds 36 m.

b) It is prohibited to use a trawl or Danish seine in which the circumference with a diagonal stretch mesh measurement increases from the front end of the extension piece to the rear end of the codend.

c) It is prohibited to use a trawl or Danish seine in which the length and breadth of the upper and lower panels are not the same in the extension piece and the codend.

d) It is prohibited to use a trawl or Danish seine in which the twine thickness in the codend exceeds 8 mm for single twine or 5 mm for double twine.

e) It is prohibited to use a trawl or Danish seine in which the codend is not made of a single type of material or netting and exclusively of either single twine or double twine.

Section 12. Requirement to use a sorting grid

North of 62˚N, a sorting grid system shall be mounted in the trawl when using a shrimp trawl or large-meshed trawl.

Section 13. Gear that is not in use

(1) It is prohibited to carry on deck gear, parts of gear, or devices attached to gear that do not meet the requirements for minimum mesh size or design or for devices attached to gear for the type of fishery in which the vessel is engaged.

(2) Notwithstanding the prohibition of the first paragraph, gear, parts of gear and devices attached to gear may be carried on deck if they cannot readily be used. The codend shall be separated from the rest of the trawl or Danish seine and stowed away.

(3) When a small-meshed trawl is in use, cf section 4, Danish seines and other types of trawls shall be stowed away.

(4) In the area delimited in section 3, item 4 (the Skagerrak), types of gear other than that used in the type of fishery in which the vessel is engaged shall be stowed away on deck in such a manner that they cannot readily be used.

CHAPTER IV. RESTRICTIONS ON THE USE OF TRAWLS AND DANISH SEINES

Section 14. Restriction on the number of trawls

It is prohibited to use more than two trawls (pair trawl) per vessel in trawl fisheries south of 62˚N. This prohibition does not apply to trawling for shrimps and Norway lobster in the Skagerrak. Nor does the prohibition apply to foreign vessels that are fishing within the Economic Zone of Norway in the Skagerrak.

Section 15. Restrictions on the use of large-meshed trawls and Danish seines

a) Danish seines

(1) It is prohibited to use a codend made of twined or braided diamond-mesh knotless line in a Danish seine.

(2) When fishing in the area within four nautical miles of the baselines, it is prohibited to use a Danish seine in which:

1. The head line or fishing line is longer than 123 m from wing-tip to wing-tip.

2. The total circumference of the opening is greater than 156 m measured with the meshes stretched diagonally.

3. The rope length exceeds 2000 m (9 coils, each of 220 m).

(3) Within the Lofoten fishery inspection district, it is prohibited to use a rope length exceeding 1100 m (5 coils, each of 220 m) in the period when the inspection service is in operation.

b) Pelagic trawls and Danish seines

(1) It is prohibited to use trawls for pelagic fishing operations for cod, haddock and saithe within the fisheries limit and in the Economic Zone of Norway north of 64˚N.

(2) It is prohibited to use Danish seines for pelagic fishing operations for cod, haddock and saithe within the fisheries limit and in the Economic Zone of Norway north of 62˚N.

(3) The term pelagic trawl or Danish seine means a device of which no part touches the bottom during fishing operations.

c) Beam trawls

It is prohibited for Norwegian vessels to fish using beam trawls off the Danish mainland in an area of the Skagerrak within 12 nautical miles of the baselines between Hanstholmen lighthouse and Hirtshals lighthouse.

d) Prohibition against fishing for redfish with trawls

It is prohibited to fish for redfish with trawls in the Economic Zone of Norway north of 62˚N.

e) Prohibition against fishing with large-meshed trawls in delimited areas

It is prohibited to fish with large-meshed trawls in the Economic Zone of Norway in the following areas, delimited by straight lines between the following positions:

Area A

1. 66°30’N 06°59’E

2. 66°21’N 06°44’E

3. 65°43’N 06°00’E

4. 65°20’N 06°00’E

5. 65°20’N 05°30’E

6. 66°00’N 05°30’E

7. 66°30’N 06°34.27’E

8. 67°10’N 08°00’E

9. 67°10’N 08°35’E

10. 67°00’N 08°18’E

11. 66°50’N 08°09’ and from there a straight line to position 1.

Area B

1. 62°36’N 03°00’E

2. 62°10’N 01°15’E (at the outer limit of the Economic Zone of Norway)

3. 62°40’N 00°52’E (at the outer limit of the Economic Zone of Norway)

4. 63°00’N 03°00’E and from there a straight line to position 1.

f) Prohibition against fishing for angler (monkfish)

It is prohibited for Norwegian vessels to fish for angler (monkfish) using trawls or Danish seines.

g) Restrictions on trawling for Norway lobster

It is prohibited to trawl for Norway lobster within four nautical miles of the baselines outside the Skagerrak.

Section 16. Restrictions on the use of small-meshed trawls

(a) Prohibited area for fishing for sandeels, Norway pout and blue whiting

It is prohibited to fish for sandeels, Norway pout and blue whiting in the Economic Zone of Norway in an area delimited by the following positions:

1. 59˚30’N 01˚50.3’E

2. 59˚30’N 03˚00.0’E

3. 59˚00’N 03˚00.0’E

4. 59˚00’N 01˚38.4’E

Between points 1-2-3-4, the area is delimited by straight lines. Between points 4 and 1, the area is delimited by the outer limit of the Economic Zone of Norway.

(b) Area on the Egersund Bank where fishing for sandeels, Norway pout and blue whiting is prohibited

In the period 1 October to 31 May inclusive, it is prohibited to fish for sandeels, Norway pout and blue whiting in the Economic Zone of Norway in an area delimited by straight lines between the following positions:

1. 58˚37’N 03˚44’E

2. 57˚49’N 05˚48’E

3. 57˚33’N 05˚02’E

4. 58˚29’N 03˚02’E

c) Prohibition against fishing for greater argentine with small-meshed trawls in delimited areas

(1) It is prohibited to fish for greater argentine and blue whiting with small-meshed trawls in the following areas delimited by straight lines between the following positions:

Area A

1. 66°30’N 06°59’E

2. 66°21’N 06°44’E

3. 65°43’N 06°00’E

4. 65°20’N 06°00’E

5. 65°20’N 05°30’E

6. 66°00’N 05°30’ E

7. 66°30’N 06°34.27’E

8. 67°10’N 08°00’ E

9. 67°10’N 08°35’ E

10. 67°00’N 08°18’ E

11. 66°50’N 08°09’ and from there a straight line to position 1.

Area B

1. 62°36’N 03°00’E

2. 62°10’N 01°15’E (at the outer limit of the Economic Zone of Norway)

3. 62°40’N 00°52’E (at the outer limit of the Economic Zone of Norway)

4. 63°00’N 03°00’E and from there a straight line to position 1.

(2) Notwithstanding the prohibition of the first paragraph, vessels that hold a licence to trawl for greater argentine may fish for greater argentine with pelagic trawls in the period 1 March to 31 May inclusive.

d) Restrictions on depth for trawls

Inside the baselines, it is prohibited to use trawls at depths shallower than those specified below for the following stretches of coastline:

1) From the border with Sweden to Jærens reef: 60 m

2) From Jærens reef north to and including Nord-Trøndelag county: 100m

3) Nordland county: 170 m

4) Troms county: from 1 October to the end of February inclusive: 225 m; during the rest of the year: 200 m

5) Finnmark county: 200 m.

e) Restrictions on the use of trawls by purse seiners in the area defined in section 3, item 2 (the North Sea)

It is prohibited for purse seiners that on application have been granted licences to fish for mackerel, horse mackerel and herring in the North Sea with trawls, cf section 2-25 of the Regulations of 13 October 2006 on special licences for certain types of fishing and hunting, to fish with trawls in the area defined in section 3, item 2, in the period 1 September to 31 December.

Section 17. Prohibition against trawling at night

(1) It is prohibited to fish for herring with trawls in the internal waters of Norway and within four nautical miles of the baselines in the county of Nordland in the following periods:

a) 1 January to 30 April inclusive between 18.00 and 08.00 hours,

b) 1 October to 31 December inclusive between 18.00 and 08.00 hours.

(2) The regional offices of the Directorate of Fisheries may grant exemptions from the prohibition against trawling at night for specific areas and specific periods.

(3) It is prohibited to fish for shrimps and Norway lobster with trawls within four nautical miles of the baselines between Stangholmen lighthouse, Risør municipality, and the border with Sweden, between 20.00 and 05.00 hours. The area is delimited to the west by a line along the true bearing 120^o from Stangholmen lighthouse. This prohibition does not apply to fishing for Norway lobster with trawls in the period 1 May­­–31 August.

Section 18. Prohibition against the use of bobbins and rockhopper gear when fishing with Danish seines and shrimp trawls

(1) During fishing operations with Danish seines in the area delimited in section 3, items 1 and 2 (outside the Skagerrak), it is prohibited to use bobbins and rockhopper gear.

(2) Within 12 nautical miles of the baselines, it is prohibited to use bobbins and rockhopper gear when trawling for shrimps.

(3) The prohibition of the second paragraph does not apply to fishing for shrimps between Ryvarden lighthouse and the border with Sweden.

(4) A bobbin is defined as a wire, combination rope, chain or rope on which discs, spheres, half-spheres or similar elements are threaded and which is fastened under the fishing line of the trawl. The bobbin is attached to the fishing line with short lengths of chain.

(5) Rockhopper gear is defined as a wire, combination rope, chain or rope on which circular discs or rubber, plastic or a similar material are threaded and which is fastened under the fishing line of the trawl, and where in addition a rope, chain or wire is threaded through holes in the outer edges of the discs where the fishing line of the trawl is attached.

CHAPTER V. RESTRICTIONS ON THE USE OF PURSE SEINES, GILL NETS, LONG-LINING GEAR AND POTS

Section 19. Prohibition against fishing for cod and haddock using purse seines

It is prohibited to fish for cod and haddock using purse seines.

Section 20Depth of purse seines for saithe (repealed 19 December 2008)

Section 21. Prohibition against fishing with purse seines in the daytime

The Directorate of Fisheries may prohibit fishing with purse seines during the daytime if there is a risk of killing herring unnecessarily.

Section 22. Use of artificial light in seine fisheries

(1) Fishing operations using artificial light must take place at sufficient distance from any fishing or trapping gear that has been deployed, and no closer than 100 metres.

(2) The use of artificial light is only permitted from lampara boats that are lying at anchor. The distance to the nearest lampara boat must be at least 300 m when the anchor is set.

(3) The light intensity used must not exceed 330 000 lumen, and each vessel participating in the fishery may use only one lampara boat.

Section 23Mesh design and full mesh size in gill nets

(1) Meshes with more than four sides are prohibited. All sides of a mesh shall be of equal length.

(2) It is prohibited to use gill nets where the full mesh size is smaller than prescribed below:

a) Fishing for cod north of 62°N: 156 mm

b) Fishing for redfish north of 62°N: 120 mm (after 1 January 2006)

c) Fishing for angler (monkfish): 360 mm

d) Fishing for halibut: 470 mm

e) Fishing for lumpsucker: 267 mm

f) Fishing for cod, haddock, saithe, plaice, ling, pollack, and hake more than four nautical miles from the baselines in the Economic Zone of Norway south of 62˚N and west of a straight line through Lindesnes lighthouse and Hanstholmen lighthouse: 148 mm

(3) The full mesh size of gill nets is twice the bar length. The bar length is the distance between two sequential knots when the twine between these points is fully extended. The full mesh size shall normally be determined as an average based on 10 meshes. Meshes that are uneven as a result of repairs, etc shall not be included when determining the average.

Section 24 Height and twine thickness in gill nets

In the area north of 62˚N, it is prohibited to carry on board or use gill nets

a) that are higher than 23 m measured with the meshes stretched diagonally,

b) in which the twine thickness is less than 0.40 mm monofilament or the equivalent.

Section 25Prohibition on the use of monofilament nets when fishing for halibut

It is prohibited to fish for halibut using nets made of monofilament or similar material.

Section 26Restrictions on the use of gill nets when fishing for angler (monkfish)

The maximum permitted number of gill nets when fishing for angler (monkfish) is 500 nets. Each net may be up to 27.5 m long.

Section 27Restrictions on the use of gill nets when fishing for Greenland halibut and blue ling

It is prohibited to use gill nets to fish for Greenland halibut and blue ling north of 62˚N in the period 1 September to 30 April.

Section 28Requirements relating to soak times for gill nets

(1) The maximum permitted soak time for gill nets used to fish for cod, haddock and saithe north of 62˚N is one day.

(2) The maximum permitted soak time for gill nets used to fish for angler (monkfish) is two days.

(3) The maximum permitted soak time for gill nets used to fish for Greenland halibut, blue ling, ling and redfish north of 62˚N is two days.

Section 29Special restrictions on the use of gill nets and pots when fishing in the Storegga area

(1) This section applies to all fishing operations using gill nets and traps to catch Greenland halibut, blue ling, ling, redfish and angler (monkfish) in an area delimited by the following coordinates:

1. 63°00.0’N 04°00.0’E

2. 64°00.0’N 05°00.0’E

3. 64°00.0’N 06°00.0’E

4. 63°27.0’N 05°48.0’E

5. 63°00.0’N 05°15.0’E

(2) It is prohibited to fish using gill nets or pots within this area in the period 1 September to 30 April.

(3) During fishing operations in the area, no more than 18 fleets of nets may be used per vessel. Each fleet of nets may consist of up to 25 gill nets.

(4) Each fleet of nets shall be clearly marked with its own number from one (1) up to the highest number of fleets of nets. Notification of the setting and hauling of drift nets shall be provided, including the number and position, and the operations shall if necessary be cleared by the Coast Guard.

Section 30Reporting during fishing for Greenland halibut and angler (monkfish) north of 62˚N

Vessels that are engaged in gill netting for Greenland halibut and angler (monkfish) north of 62˚N or for angler (monkfish) south of 62˚N for shall report to the Coast Guard Central (tel. 07611) on the following matters:

a) setting of nets, and

b) hauling of nets at the end of fishing operations.

Section 31Drift netting for mackerel

(1) When drift nets are to be deployed for mackerel in the internal waters, territorial sea and Economic Zone of Norway north of Hordaland county in the period 1 April to 15 August inclusive, the regional office of the Directorate of Fisheries in the district where fishing operations are to take place shall be notified. The notification shall contain the name of the vessel, its registration number and the name of the master or person in charge on board. The notification shall also indicate where fishing operations are to take place and the mesh size of the drift nets.

(2) Notification shall be sent both before fishing operations start and when a vessel changes fishing grounds.

Section 32Restrictions relating to longliners

(1) It is prohibited for vessels above 21.35 metres in length that are engaged in longlining and that have auto-line systems on board to set longlines within four nautical miles of the baselines along the Norwegian coast from the border with Sweden to the border with Russia.

(2) In the period 1 September to 31 December inclusive, it is prohibited for vessels above 21.35 metres in length that are engaged in longlining and that have auto-line systems on board to set longlines within 10 nautical miles of the baselines in the following areas:

a) An area off the coast of Finnmark and Troms delimited by a line drawn from

1. 70°41.16’N 021°30.00’E (4 nautical mile limit) to

2. 70°47.52’N 021°30.00’E (10 nautical miles from the baselines) and at 10 nautical miles from the baselines to

3. 70°36.32’N 020°00.00’E (10 nautical miles from the baselines) to

4. 70°29.90’N 020°00.00’E (4 nautical mile limit).

b) An area of the coast of Troms delimited by a line drawn from

1. 70°05.47’N 018°07.43’E (4 nautical mile limit) to

2. 70°08.98’N 017°52.98’E (10 nautical miles from the baselines) and at 10 nautical miles from the baselines to

3. 69°35.50’N 016°27.45’E (10 nautical miles from the baselines) to

4. 69°29.99’N 016°34.76’E (4 nautical mile limit).

(3) In the period 1 September to 30 April inclusive, it is prohibited for vessels above 21.35 metres in length that are engaged in longlining and that have auto-line systems on board to set longlines within 10 nautical miles of the baselines in an area off the coast of Nordland delimited by a line drawn from

1. 69°20.00’N 015°44.71’E (4 nautical mile limit) to

2. 69°20.00’N 015°16.59’E (10 nautical miles from the baselines) and at 10 nautical miles from the baselines to

3. 67°30.00’N 011° 25.33’E (10 nautical miles from the baselines) to

4. 67°30.00’N 011° 41.75’E (4 nautical mile limit).

(4) The restrictions set out in this section do not apply to fishing for haddock using pelagic longlines.

Section 33Restrictions on gear and trapping depths for crabs, lobster and red king crabs

(1) Lobsters may only be caught using lobster pots. Any person who is on the register of Norwegian fishermen may catch lobsters using up to 100 lobster pots. A person who is not on the register of Norwegian fishermen may catch lobsters using up to 10 lobster pots. It is not permitted to lay a larger number of lobster pots than those specified in the second and third sentences from a single vessel.

(2) In the area where catches are regulated by quotas, red king crabs may only be caught using crab pots. Each vessel may have up to 30 pots.

(3) During the close season for lobsters, it is prohibited to set baited or unbaited pots or other gear to catch crabs at water depths of less than 25 m along the coastline from the border with Sweden to Varnes lighthouse (Lista). This prohibition does not apply to fishermen who are on the register of Norwegian fishermen and who catch crabs intended for marketing using vessels that are on the register of fishing vessels.

Section 33a Requirement for escape vents for lobsters in pots for lobsters

Pots set to catch lobsters shall have at least one circular escape vent on each side. The escape vents shall measure at least 60 mm in diameter.

Pots set to catch crabs along the coastline from the border with Sweden to Tysfjord municipality in Nordland county inclusive shall have at least one circular escape vent. The escape vent shall measure at least 80 mm in diameter. This paragraph does not apply to fishermen who are on the register of Norwegian fishermen and who catch crabs intended for marketing using vessels that are on the register of fishing vessels.

In both pots set to catch crabs and pots set to catch lobsters, the escape vents shall be placed in the parlour section in such a way that lobsters can easily escape from the pot. In a flat-bottomed pot, the openings shall be placed so that they reach to the bottom of the pot. In a cylindrical pot, the openings shall also be placed at the bottom of the pot, but not too far down to allow free passage through the openings when the pot is set.

Section 33b Prohibition against the use of cod traps

Along the coastline from the border with Sweden to Møre og Romsdal county inclusive, it is prohibited to set cod traps in the period 1 May to 31 December inclusive.

Notwithstanding the prohibition of the first paragraph, from 1 October to 31 December inclusive it is permitted to set up to 10 cod traps per person and per vessel, but calculated such that the total number of cod traps and lobster pots does not exceed 10 per person and per vessel.

The regional offices of the Directorate of Fisheries may grant exemptions from the prohibition of the first paragraph to fishermen who are on the register of Norwegian fishermen and who are to fish for cod intended for marketing using vessels that are on the register of fishing vessels.

Section 33c Fish spears and eel spears

It is prohibited to use fish spears and eel spears with artificial light when catching crustaceans along the coastline from Vest-Agder to the border with Sweden.

CHAPTER VI. PROHIBITION AGAINST FISHING FOR PARTICULAR SPECIES DURING SPECIFIC PERIODS

Section 34. Close seasons for halibut, angler (monkfish) and redfish

(1) It is prohibited to fish for halibut south of 62˚N in the period 20 December to 31 March inclusive. It is prohibited to fish for halibut using any other gear than hooks north of 62˚N in the period 20 December to 31 March inclusive.

(2) It is prohibited to fish for angler (monkfish) north of 64°N using gill nets between 1 January and 20 May inclusive and between 20 December and 31 December inclusive. In the area between 62˚N and 64°N, the prohibition applies between 1 March and 20 May inclusive.

(3) It is prohibited to fish for redfish using conventional gear north of 62˚N between 1 March and 30 June inclusive and between 1 September and 30 September inclusive. This prohibition does not apply to vessels under 11 metres in length fishing with jigging machines.

Section 34 a) Close season for lobsters

(1) It is prohibited to catch lobsters or set baited or unbaited pots to catch lobsters in the areas and during the periods of time specified below:

a) Along the coastline from the border with Sweden to the county of Sogn og Fjordane inclusive, from 1 January to 08.00 hours on 1 October inclusive and from 1 December to 31 December inclusive.

b) In the rest of the country, from 1 January to 08.00 hours on 1 October inclusive.

(2) It is prohibited to set or lift pots for lobsters along the coastline from Vest-Agder to the border with Sweden in the period from one hour after sunset to one hour before sunrise.

(3) It is prohibited throughout the year to take female lobsters carrying external eggs (berried lobsters).

(4) From 1 January to 08.00 hours on 1 October inclusive, it is prohibited to store lobsters in the sea. Nevertheless, lobsters that have been reported to and registered for marketing by a sales organisation by 1 January may be stored in the sea until such sale can take place. The regional offices of the Directorate of Fisheries may give approved purchasers permission to store lobsters in the sea.

Section 34 b) Soaking lobster pots

Notwithstanding the prohibition of section 34a, lobster pots may be set in the sea to soak before the end of the close season as detailed below:

a) The pots may not be placed in the sea more than eight days before the end of the close season.

b) Whilst they are soaking, the pots must be open and unbaited.

c) The pots must be placed together, preferably in the littoral zone or in shallow water. The pots must not be placed where lobsters are likely to be found.

d) The pots may also be hung from the quayside or a boat that is lying at anchor to be soaked, but must in such cases not come into contact with the sea floor.

Section 35. Prohibition against fishing on Sundays and public holidays

(1) It is prohibited to fish for mackerel, herring and sprat using purse seines in the Skagerrak from Saturday at 24.00 hours to Sunday at 24.00 hours inclusive.

(2) In the period from 1 October to 31 December, it is prohibited to set or lift pots along the border with Sweden to Vest-Agder inclusive from Saturday at 24.00 hours to Sunday at 24.00 hours inclusive.

(3) It is prohibited to trawl for shrimps south of 62˚N from Saturday at 24.00 hours to Sunday at 24.00 hours inclusive and on public holidays with the exception of Easter Monday and Whit Monday.

CHAPTER VII. BYCATCHES WHEN FISHING OUTSIDE THE SKAGERRAK

Section 36. Bycatches when fishing with large-meshed trawls and Danish seines

(1) Notwithstanding the prohibition of section 15 d), a bycatch of up to 15% by weight of redfish in each catch and in the catch landed is permitted when fishing with trawls.

(2) Notwithstanding the prohibition of section 15 f), a bycatch of up to 25% by weight of angler (monkfish) in each catch and in the catch landed is permitted for Norwegian vessels when fishing with trawls and Danish seines.

Section 37. Bycatches when fishing with small-meshed trawls

(1) When fishing south of 64˚N, bycatches of the species listed in section 43, items 1-17 and 28, are permitted. The total bycatch of cod, haddock and saithe shall not exceed 20% by weight of each catch and the catch landed.

(2) When fishing for Norwegian spring-spawning herring, bycatches of cod, haddock and saithe are prohibited.

(3) When fishing for sandeels using a mesh size of less than 16 mm, a bycatch of more than 10% by weight of other species in each catch and in the catch landed is prohibited.

(4) When fishing for greater argentine outside the areas mentioned in section 16 c), a bycatch of up to 5% by weight of redfish is permitted in each catch and in the catch landed.

(5) When fishing for greater argentine within the areas mentioned in section 16 c), a bycatch of blue whiting is permitted.

(6) When fishing for greater argentine north of 64˚N, a total bycatch of up to 10% by weight of cod, haddock and saithe is permitted in each catch and in the catch landed.

(7) For vessels that do not hold a licence to trawl for greater argentine, a bycatch of up to 20% by weight of greater argentine is permitted north of 62˚N in each catch and in the catch landed.

(8) A bycatch of up to 0.5% by weight of angler (monkfish) is permitted in each catch and in the catch landed, but with a maximum of 500 kg angler per trip.

(9) When fishing for capelin, bycatches of cod, haddock, Greenland halibut and herring are prohibited.

Section 38. Bycatches when fishing with shrimp trawls

(1) When fishing for shrimps south of 62˚N and west of a straight line through Lindesnes lighthouse and Hanstholmen lighthouse, it is permitted to take fish as a bycatch. When fishing outside four nautical miles from the baselines, the total bycatch of cod and haddock may not exceed 10% by weight of each catch and of the catch landed.

(2) It is nevertheless prohibited for Norwegian vessels to have a bycatch of more than 10% by weight of angler (monkfish) and more than 2.5% by weight of cod. The bycatch is to be calculated as the live weight per week based on the total of all landing notes and sales notes signed in the period from Monday at 00.00 hours to Sunday at 24.00 hours.

Section 39. Bycatches when fishing with conventional gear

(1) Notwithstanding the prohibition of section 34, a bycatch of up to 20% of redfish is permitted when fishing with conventional gear. The bycatch of redfish is to be calculated as live weight per week based on the total of all landing notes and sales notes signed in the period from Monday at 00.00 hours to Sunday at 24.00 hours. For vessels that do not land catches several times a week, the bycatch is to be calculated by weight in each catch and in the catch landed.

(2) Notwithstanding the prohibition of section 34, second paragraph, a bycatch by weight of angler (monkfish) of up to 5% in each catch and in the catch on board is permitted when fishing with gill nets.

(3) Notwithstanding the prohibition of section 34, first paragraph, it is permitted to have a bycatch of up to 1% halibut. The bycatch is to be calculated as the live weight based on the total of all landing notes and sales notes signed in the period from 20 December to 31 March inclusive.

Section 40. Measurement of bycatches

For the purpose of inspecting bycatches, a sample of at least 100 kg is considered to be representative of the composition of the catch.

CHAPTER VIII. BYCATCHES WHEN FISHING IN THE SKAGERRAK

Section 41. Bycatches when fishing in the Skagerrak

In the area delimited in section 3, item 4 (the Skagerrak), the following provisions relating to bycatches apply:

a) General rule on bycatches

When using gear with a mesh size below 80 mm, the bycatch of the species indicated in section 43, items 1-16 and 27, 28 and 32 may not exceed 10% by weight of the total catch taken using such gear. Nevertheless, this provision does not apply to bycatches taken when fishing specifically for the species listed in the provisions of c) and d) of this section.

b) Measurement of bycatches

Bycatches as set out in this section shall be measured as the percentage by weight of all fish on deck after the last haul or of all fish on board or landed. The bycatch may be determined on the basis of a sample of at least 100 kg.

c) Bycatches when fishing for whiting

When fishing for whiting using trawling gear with a mesh size smaller than 80 mm, the bycatch of the species indicated in section 43, items 1-17, 28 and 32 shall not exceed 30% by weight of the total catch taken using such gear.

d) Bycatches of herring

(1) When fishing for sprat using trawling gear with a mesh size smaller than 32 mm, the bycatch of herring shall not exceed 10% by weight of the total catch taken using such gear.

(2) When fishing for species other than sprat using trawling gear with a mesh size smaller than 32 mm, the bycatch of herring shall not exceed 5% by weight of the total catch on board taken using such gear.

e) Bycatches of angler (monkfish)

Notwithstanding the prohibition of section 15 f), it is permitted for Norwegian vessels, when fishing with large-meshed trawls or Danish seines, to have a bycatch of up to 25% by weight of angler (monkfish) in each catch and in the catch landed. When fishing with shrimp trawls, it is permitted to have a bycatch of up to 10% by weight of angler (monkfish) in each catch and in the catch on board. When fishing with gill nets for other species, it is permitted to have a bycatch of up to 5% by weight of angler (monkfish) in each catch and in the catch on board. Vessels fishing with small-meshed trawls may have a bycatch of up to 0.5% by weight of angler (monkfish) in each catch and in the catch landed, but with a maximum of 500 kg angler per trip.

Section 42. Bycatches and large intermixtures of non-target species when fishing for shrimps and Norway lobster in the Skagerrak

In the area specified in section 3, item 4 (the Skagerrak), the following provisions relating to bycatches and large intermixtures of non-target species apply:

a) Intermixtures when fishing for Norway lobster

When fishing for Norway lobster using gear with a mesh size no smaller than 70 mm, the intermixture of halibut, cod, haddock, hake, plaice, witch, dab, lemon sole, sole, turbot, brill, megrim, whiting, flounder, yellow eel, silver eel, lobster, crab and saithe shall not exceed 70% by weight of the total catch taken using such gear.

b) Bycatches when fishing for shrimps

When fishing for shrimps using gear with a mesh size no smaller than 35 mm, the bycatch of the species listed in a) above, together with Norway lobster, shall not exceed 50% by weight of the total catch taken using such gear.

c) Measurement of bycatches and large intermixtures

Bycatches and large intermixtures as set out in this section shall be measured as the percentage by weight of all fish on deck after the last haul or of all fish on board or landed. The percentage may be determined on the basis of a sample of at least 100 kg.

CHAPTER IX. MINIMUM SIZES AND MEASURES TO LIMIT CATCHES OF FISH UNDER THE MINIMUM SIZE

Section 43. Minimum sizes

It is prohibited to catch fish below the following sizes:

Section 44. Measurement of fish

(1) The length of fish shall be measured from the tip of the snout to the end of the tail fin.

(2) The length of spiny dogfish shall be measured from the tip of the snout to the posterior edge of the upper tail lobe.

(3) The length of lobsters and Norway lobsters shall be measured from the tip of the rostrum to the posterior edge of the middle swimming appendage.

(4) Shrimps shall be measured from the anterior edge of the eye to the posterior edge of the telson.

(5) Crabs shall be measured across the greatest breadth of the carapace.

(6) Iceland scallops shall be measured through the longest diameter from the hinge to the opposite edge of the shell.

(7) Great scallops shall be measured along the greatest length of the shell.

(8) Red king crabs shall be measured from the inner end of the eye socket to the hollow in the posterior edge of the carapace.

(9) Notwithstanding section 43, items 27, 28 and 32, the carapace length may also be measured for shrimps, Norway lobsters and lobsters. The carapace length for shrimps (1.5 cm), Norway lobsters (4 cm) and lobsters (9 cm) shall be measured from the posterior edge of the eye socket to the posterior edge of the carapace, measured along the longitudinal axis of the animal.

Section 45. Exceptions from the provisions on minimum sizes

(1) The minimum sizes prescribed in section 43 do not apply to fish for personal consumption. However, this exception does not apply to lobsters and great scallops.

(2) The minimum sizes prescribed in section 43, item 16, do not apply to saithe caught for private use as bait. The Directorate of Fisheries may in special cases grant exemptions relating to catches of saithe for use as bait by others.

(3) The minimum size prescribed in section 43, item 21, does not apply to fishing with nets and hooks, nor to mackerel caught by seining and stored in lock seines and that is to be used for human consumption.

(4) In the area delimited in section 3, item 4 (the Skagerrak), the minimum size prescribed in section 43, item 21, applies only to mackerel to be used for other purposes than human consumption or bait.

(5) The Directorate of Fisheries may in special cases grant exemptions from the provisions relating to minimum size for mackerel and eels (yellow and silver eels).

Section 46. Intermixture of fish below the minimum sizes

(1) In the areas outside the Skagerrak, an intermixture of up to 10% by number of each species under the minimum size is permitted in each catch. This does not apply to the lobster fishery.

(2) When fishing for cod, haddock and saithe using trawls and conventional gear north of 62˚N, an intermixture of up to 15% by number of cod, haddock and saithe under the minimum size is permitted in each catch. When longlining for haddock in ICES statistical area 03 (Eastern Finnmark), an intermixture of up to 30% by number of cod, haddock and saithe under the minimum size is permitted in each catch.

(3) When fishing for saithe using purse seines north of 62˚N, an intermixture of up to 30% by number of saithe under the minimum size is permitted in each catch in areas where the minimum size for saithe caught in purse seines is 40 cm or more.

(4) When fishing for Greenland halibut, an intermixture of up to 15% by number of Greenland halibut under the minimum size is permitted in each catch.

(5) Vessels using gill nets may have an intermixture of up to 5% by number of angler (monkfish) under the minimum size in each haul and in the catch on board.

(6) When fishing in the area delimited in section 3, item 4 (the Skagerrak), it is permitted to land catches of the species listed in section 43, items 1-17, 21 and 22, containing an intermixture of up to 10% by weight of fish below the minimum size, calculated for each species.

(7) When fishing in the area delimited in section 3, item 4 (the Skagerrak), it is permitted to land catches of shrimps and Norway lobster containing an intermixture of up to 10% by weight of such shellfish under the minimum size, calculated for each species.

(8) When fishing for shrimps, the intermixture of cod below the minimum size shall not exceed eight individuals per 10 kg shrimps.

(9) When fishing for shrimps, the intermixture of haddock below the minimum size shall not exceed 20 individuals per 10 kg shrimps.

(10) When fishing for shrimps, the intermixture of redfish (Sebastes marinus, S. mentella and S. viviparus) below 32 cm in length shall not exceed three individuals per 10 kg of shrimps.

(11) When fishing for shrimps, the intermixture of Greenland halibut below the minimum size shall not exceed three individuals per 10 kg shrimps.

(12) When fishing for Norwegian spring-spawning herring, an intermixture of up to 20% by number of Norwegian spring-spawning herring is permitted in each catch.

(13) When fishing for capelin, an intermixture of up to 10% by number of capelin under the minimum size is permitted in each catch.

(14) When fishing for capelin, an intermixture of up to 300 individuals per tonne capelin of each of the species cod, haddock, Greenland halibut and herring under the minimum size is permitted.

Section 47. Closure of areas to limit catches of fish under the minimum size

To limit catches of shrimps, cod, haddock, saithe and Greenland halibut below the minimum size, and of redfish below 32 cm in length, the Directorate of Fisheries may prohibit fishing for these species in certain areas north of 62˚N.

CHAPTER X. PROHIBITION AGAINST DISCARDING FISH AND PROCESSING TO FISH MEAL

Section 48. Prohibition against discarding fish

(1) All catches of fish shall be landed. Nevertheless, this does not apply to:

1. Fish caught in contravention of provisions set out in or issued under the Marine Resources Act and capable of surviving. Such catches shall be returned to the sea immediately.

2. Dead or dying fish of species other than:

Squid

Anchovy

Greenland halibut

Blue ling

Northern wolf-fish

Angler (monkfish)

Sprat

Tusk

Beryx

Black scabbardfish

Blackspot sea-bream

Spotted wolf-fish

Slickheads

Atlantic wolf-fish

Sharks, including

- blue shark

- basking shark

- porbeagle

- Greenland shark

- spiny dogfish

European sea-bass

Horse mackerel

Haddock

Whiting

Roughhead grenadier

Blue whiting

Halibut

Ling

Capelin

Pollack

Hake

Mackerel

Bluefin tunny

Morid cods

Orange roughy

Arctic cod

Shrimps

Lumpsucker

Plaice and other fish of the family Pleuronectidae

Pilchard

Saithe

Fish of the family Ammoditydae, including sandeels

Herring

Skates

Greater forkbeard

Grenadier

Silver scabbardfish

Snow crab

Lesser argentine

Cod

Soles

Redfish

Fish of the family Bothidae, including

- turbot

- brill

- megrim

Greater argentine

Wreckfish

Norway pout

Common eel

(2) In the fisheries for mackerel, Norwegian spring-spawning herring, North Sea herring and herring in the Skagerrak, and capelin, it is in addition prohibited to discard fish waste.

(3) The regional offices of the Directorate of Fisheries may order that catches are to be hauled in.

Section 49. Processing of cod, haddock, saithe, coastal sprat and greater argentineto fish meal

(1) It is prohibited to catch or deliver cod, haddock, saithe, coastal sprat or greater argentine for processing to fish meal, including meal for human consumption and fish and animal feeds.

(2) Up to 5% by weight of saithe in each catch and in the catch landed is excepted from the prohibition of the first paragraph above.

(3) The appropriate sales organisation may grant exemptions from the prohibition against processing to fish meal.

Section 50. Prohibition against the use of drainage grids, chutes, etc. that can be used as sorting equipment for herring and mackerel

(1) The use of drainage grids that can be used as sorting equipment in the water separator or chutes leading from the water separator (drainage system) is not permitted in the fisheries for herring and mackerel.

(2) Grids that are needed on board for the purpose of separating water from fish (the drainage system) may not have a larger opening between the bars than 10 mm. The bars in equipment such as is mentioned here must be welded into place and must not be adjustable, cf section 51.

(3) If perforated sheets are used in the water separator, the holes must not have a diameter exceeding 10 mm: nevertheless, the diameter of the drainage holes may be up to 15 mm in the chutes outside the actual water separator leading to the fish tanks.

Section 51. Mounting drainage grids

Drainage grids for separating water from fish shall be welded to the water separator.

Section 52. Grading units

(1) During fishing for herring, mackerel and capelin, it is prohibited for purse seiners and trawlers to carry grading units on board.

(2) The prohibition of the first paragraph does not apply to vessels that process their own catches by freezing whole fish or freezing fillets on board. Grading units and appurtenant equipment on such vessels must not be mounted in such a way that the fish rejected can easily be thrown into or returned to the sea.

CHAPTER XI. PROHIBITIONS AGAINST FISHING USING TRAWLS MORE THAN 12 NAUTICAL MILES FROM THE BASELINES (TRAWL-FREE ZONES AND FLEXIBLE AREAS)

Section 53. Prohibitions against trawling in specific periods and areas

(1) It is prohibited to fish using trawls in the following areas and during the following periods:

a) On Nordbanken and Øverbanken, delimited by straight lines drawn between the following positions:

70°55’N 30°10.5’E (at the fishery limit)

71°12’N 30°43’E

70°45’N 31°50’E

70°34’N 31°29’E (at the fishery limit)

during the period 1 October – 1 March.

b) On Jennegga-Malangsgrunnen, delimited by straight lines drawn between the following positions:

68°50’N 13°50’E (at the fishery limit)

69°09’N 13°37’E

69°33’N 15°32’E

70°00’N 16°28’E

70°00’N 17°28’E (at the fishery limit)

during the period 20 October – 20 March.

c) On Storegga, delimited by straight lines drawn between the following positions:

63°00’N 05°15’E

63°00’N 04°53’E

63°27’N 05°24’E

63°27’N 05°48’E

This prohibition applies throughout the year, but only to vessels with a total length above 35 metres or gross tonnage above 400 measured in accordance with the provisions of the 1969 Convention. Vessels whose gross tonnage as determined according to the provisions of the 1947 Convention was less than 200 and that have not been rebuilt or modified in such a way as to increase their tonnage may nevertheless fish using trawls in this area even if their gross tonnage measured in accordance with the 1969 Convention exceeds 400.

(2) The Directorate of Fisheries may make exemptions from the prohibition of the first paragraph for fishing with small-meshed trawls for capelin or shrimps, or for specific vessels, if special reasons so warrant.

Section 54. Establishment of flexible areas

(1) The term flexible areas means delimited areas where fishing is regulated in specific periods by means of restrictions on or prohibition of fishing with particular gear in the whole of or parts of the area. In such areas, the number of vessels participating in the fishery may also be limited.

(2) In the Economic Zone of Norway, flexible areas may be established:

a) When there is a serious risk of gear conflicts because there is a large concentration of fishing vessels in an area or for some other reason.

b) When there is a need to provide fishermen using different types of gear with opportunities to fish within a particular area.

(3) Regulatory measures under the second paragraph, b), may only be implemented if this can be done without the measures having any substantial impact on fishing operations that are already in progress in the area using other types of gear. Regulatory measures may be maintained for the benefit of fishermen using fixed gear even if the vessels have left the fishing ground for a short period to land catches, bunker or because of bad weather conditions, etc.

Section 55. Periods and areas where flexible areas may be established

The Directorate of Fisheries may establish flexible areas within the following areas and during the following periods:

a) On Jennegga‑Malangsgrunnen, delimited by straight lines drawn between the following positions:

70°00’N 17°28’E (at the fishery limit)

70°00’N 16°28’E

70°14’N 16°58’E

70°14’N 17°56’E (at the fishery limit)

during the period 20 October ‑ 20 March.

b) On Moskenesgrunnen, delimited by straight lines drawn between the following positions:

68°08’N 11°52’E

68°23’N 10°52’E

68°42’N 12°17’E

68°32’N 12°46’E

during the period 1 January ‑ 15 May.

c) On Røstbanken, delimited by straight lines drawn between the following positions:

67°00’N 11°41’E (at the fishery limit)

67°00’N 10°52’E

67°30’N 10°41’E

67°53’N 11°15’E

67°53’N 12°10.5’E (at the fishery limit)

during the period 1 January – 15 May.

d) On Haltenbanken, delimited by straight lines drawn between the following positions:

64°24’N 09°00’E (at the fishery limit)

64°42’N 09°00’E

64°55’N 08°20’E

64°24’N 08°20’E (at the fishery limit)

in the period 1 January ‑ 31 May.

Section 56. Prior notification of regulatory measures

(1) Notification of decisions on regulatory measures, prohibitions against fishing or changes in prohibitions under sections 54 and 55 shall be given at least 12 hours before a regulatory measure, prohibition or change is implemented. Such notification shall be provided on specific radio frequencies or in another satisfactory manner.

(2) All fishing vessels in the area have a duty to listen to such radio frequencies as are mentioned in the first paragraph in order to receive necessary information on regulatory measures, etc.

(3) However, in special cases the Coast Guard may temporarily implement such regulatory measures as are mentioned in sections 54 and 55. Such temporary measures shall be confirmed by the Directorate of Fisheries as soon as possible.

Section 57. Duty to contact the Coast Guard

(1) A fishing vessel that arrives in an area where regulatory measures may be introduced under sections 54 and 55 shall, before deploying its gear, contact the Coast Guard for information on regulatory measures in force in the area.

(2) Vessels shall obey the instructions given by the Coast Guard, and take any steps necessary to avoid gear conflicts.

(3) Fishing vessels using fixed gear shall give the Coast Guard information on the precise positions of any gear deployed.

(4) If one or more vessels leave the area, this shall be reported to the Coast Guard together with information on whether deployed gear has been hauled.

CHAPTER XII. PROVISIONS CONCERNING TRAWLING WITHIN 12 NAUTICAL MILES OF THE BASELINES OFF THE NORWEGIAN MAINLAND

Section 58. Trawling with small-meshed pelagic trawls within 12 nautical miles of the baselines

Vessels that have been allocated licences to trawl for Norwegian spring-spawning herring under section 2-20 of the Regulations of 13 October 2006 on special licences for certain types of fishing and hunting, may fish for Norwegian spring-spawning herring using small-meshed pelagic trawls within 12 nautical miles of the baselines. Furthermore, vessels that have been allocated licences to engage in trawling for capelin under section 2-22 of the above-mentioned regulations may fish for capelin using small-meshed pelagic trawls in the same area.

Section 59. Trawling with small-meshed bottom trawls in the area between four and 12 nautical miles from the baselines

(1) Vessels with a total length of less than 34 metres and whose gross tonnage is less than 250 according to the provisions of the 1947 Convention or less than 500 according to provisions of the 1969 Convention, may fish for greater argentine, grenadier and blue whiting using small-meshed bottom trawls in the area between six and 12 nautical miles from the baselines south of 67˚10’N. Vessels such as are mentioned in the first sentence and that in addition to holding licences to trawl for greater argentine are entitled to fish for cod using conventional gear north of 62°N may in the period from 1 April to 30 September inclusive trawl for greater argentine with small-meshed bottom trawls between four and 12 nautical miles from the baselines in the area between 64˚00’N and 67˚10’N.

(2) In cases where the industry experiences a shortage of greater argentine as raw material in the last six months of the year, the Directorate of Fisheries may on application permit vessels with a total length of less than 43 metres to fish for greater argentine using small-meshed bottom trawls between eight and 12 nautical miles from the baselines in the area between 64˚N and 66˚N.

(3) Vessels whose tonnage was determined to be less than 250 according to the provisions of the 1947 Convention and that have a tonnage of more than 500 according to the provisions of the 1969 Convention, but that have not been rebuilt or modified in such a way as to increase their tonnage, may nevertheless fish using trawls in the area mentioned in the first paragraph. An application to do so must be sent to the Directorate of Fisheries, and a licence must be received from the Directorate before a vessel may start fishing. If a vessel is replaced or is rebuilt or modified in such a way that its tonnage is increased, the licence lapses.

Section 60. Trawling with large-meshed bottom trawls within 12 nautical miles of the baselines for certain groups of vessels

The following vessels may fish using trawls within 12 nautical miles from the baselines as specified below in the areas and periods set out in sections 61 and 62.

a) Between six and 12 nautical miles from the baselines

Vessels of gross tonnage up to 500 according to the provisions of the 1947 Convention and up to 1 200 according to the provisions of the 1969 Convention.

b) Between four and 12 nautical miles from the baselines

Vessels of gross tonnage up to 300 according to the provisions of the 1947 Convention and up to 700 according to the provisions of the 1969 Convention.

c) Vessels whose tonnage was determined to be less than 500 or 300 according to the provisions of the 1947 Convention and that have a tonnage of more than 1 200 or 700 respectively according to the provisions of the 1969 Convention, but that have not been rebuilt or modified in such a way as to increase their tonnage, may nevertheless fish using trawls in the areas mentioned in a) and b) respectively. An application to do so must be sent to the Directorate of Fisheries, and a licence must be received from the Directorate before a vessel may start fishing. If a vessel is replaced or is rebuilt or modified in such a way that its tonnage is increased, the licence lapses.

Section 61.Trawling with large-meshed bottom trawls in the area between six and 12 nautical miles from the baselines throughout the year

(1) In the following areas between six and 12 nautical miles from the baselines, it is permitted to fish with trawls throughout the year:

a) South of 67°0’N and along the coast to the border with Sweden

b) North of 68°35’N and up to 69°12’N.

c) North-east of 16°E and up to 69°43’N.

d) North of 69°47’N and up to 19°E.

e) North-east of 19°30’E and to the county boundary between Troms and Finnmark.

(2) In the area between six and 12 nautical miles of the baselines between 67°10’N and 68°35’N, it is permitted to fish with trawls when the Lofoten fishery inspection service is not in operation.

Section 62. Trawling with large-meshed bottom trawls in the area between four and 12 nautical miles at specific times of year

(1) In the area between six and 12 nautical miles from the baselines north of 69°12’N and east to 15°25’E, it is permitted to fish with trawls between 15 February and 15 May inclusive.

(2) In the following areas between six and 12 nautical miles from the baselines, it is permitted to fish with trawls between 16 April and 31 October inclusive:

a) Grimsbakken:

From 69°43’N to 69°47’N.

b) Fugløybanken:

From 19°E to 19°30’E.

(3) In the area between six and 12 nautical miles from the baselines, it is permitted to fish with trawls throughout the year in Finnmark country. This does not apply to the following areas and periods:

a) In the area between six and eight nautical miles from the baselines between 22°20’E and 23°40’E, from 1 October to 15 April inclusive

b) In the area between six and eight nautical miles from the baselines lying east of 23°40’E and south of a line drawn from the eight-mile limit at 23°40’E to the six-mile limit at 23°53’E, from 1 October to 14 March inclusive.

c) Within an area delimited by straight lines between the following positions from 1 April to 15 October inclusive:

1. 70°35.6’N 31°12.5’E

2. 70°37.0’N 31°18.5’E and along the fishery limit to

3. 70°51.1’N 30°31.0’E

4. 70°47.6’N 30°21.4’E and from there a straight line to position 1.

(4) Between four and six nautical miles from the baselines in Finnmark county, trawlers that deliver fresh fish for further processing on land are permitted to fish with trawls in the period 15 April to 30 September inclusive in the areas delimited by the following positions:

1. between 23°00’E and 24°00’E

2. between 27°30’E and 29°45’E

3. between 30°10’E and 31°30’E.

Section 63. Determination of the county boundary

For the purposes of application of these regulations, the county boundary between Troms and Finnmark within 12 nautical miles of the baselines shall be drawn from a point in Kvænangsfjorden. This point lies at the centre of the straight line from Svartskjær to Skuta at the north-eastern corner of the island of Arnøya (chart no. 93, 1965), position 70°14.2’N, 21°0.1’E. From this position, a straight line shall be drawn along the true bearing 340° perpendicular to the 12-nautical mile limit to the point at the position 70°42.4’N, 20°31’E (chart no. 322, 1968).

Section 64. Use of the catch

Vessels that in the course of a calendar year fish with trawls under sections 60, 61 and 62 shall land their catch fresh, frozen or salted for processing at facilities in Norway. The catch may not be filleted.

Section 65. Definitions

(1) The term “provisions of the 1947 Convention” means the provisions laid down in the Regulations of 19 June 1964 on determination of the tonnage of vessels in accordance with the provisions of the 1947 Convention, and the term “provisions of the 1969 Convention” means the provisions laid down in the Regulations of 14 June 1982 on determination of the tonnage of vessels in accordance with the provisions of the 1969 Convention, with the exception of the transitional provisions set out in sections 19 and 20 of the said regulations.

(2) The term “large-meshed bottom trawl” means a trawl with a mesh size of 80 mm or more; the terms “small-meshed bottom trawl” and “small-meshed pelagic trawl” mean trawls with a mesh size of between 50 mm and 16 mm.

CHAPTER XIII. PROTECTION OF CORAL REEFS

Section 66. Prohibition against fishing operations near coral reefs

(1) In order to protect coral reefs against damage as a result of fisheries activities and thus to contribute to sound resource management, for example by safeguarding reproduction and nursery areas for many fish species, special care must be shown during fishing operations near known coral reefs. Deliberate damage to such reefs is prohibited.

(2) Within the areas specified below, it is prohibited to carry out fishing operations using gear that is towed during fishing and that may touch the sea floor in this connection:

a) Sularevet, delimited by straight lines drawn between the following positions:

1. 64°18.0’N 007°53.0’E

2. 64°10.5’N 008°17.0’E

3. 63°52.5’N 007°51.5’E

4. 64°00.0’N 007°26.0’E

b) Iverryggen, delimited by straight lines drawn between the following positions:

1. 64°50.0’N 009°00.0’E

2. 64°55.0’N 009°30.0’E

3. 65°10.0’N 009°30.0’E

4. 65°10.0’N 009°10.0’E

c) Røstrevet, delimited by straight lines drawn between the following positions:

1. 67°36.2’N 009°32.9’E

2. 67°33.8’N 009°40.2’E

3. 67°17.3’N 008°57.1’E

4. 67°19.8’N 008°49.5’E

d) Tisler, delimited by straight lines drawn between the following positions:

1. 59°00.15’N 010°57.20’E

2. 58°59.70’N 010°57.20’E

3. 58°59.25’N 010°59.10’E

4. 58°59.85’N 010°59.10’E

e) Fjellknausene, delimited by straight lines drawn between the following positions:

1. 59°04.00’N 010°44.00’E

2. 59°04.00’N 010°45.25’E

3. 59°03.15’N 010°45.25’E

4. 59°03.15’N 010°44.00’E

CHAPTER XIV. CALIBRATION DOCUMENTS AND DRAWINGS OF CARGO HOLDS

Section 67. Calibration documents

(1) Vessels equipped with ice water or RSW tanks shall carry documents on board showing the calibration of the tanks in cubic metres at 10 cm intervals.

(2) Documents such as are mentioned in the first paragraph shall be approved by the Norwegian Maritime Directorate. The documents are to be prepared in accordance with the guidelines drawn up by the Maritime Directorate¹⁾. In the case of vessels that deliver catches in foreign ports, the documents should be issued in both Norwegian and English.

(3) In the case of foreign vessels, the documents shall be approved by the competent maritime authority in the country in question.

(4) The duty to carry calibration documents set out in the first and second paragraphs does not apply to vessels equipped with ice water or RSW tanks with a total volume of less than 70 cubic metres.

(5) The Directorate of Fisheries may in special cases grant exemptions from the duty to carry documents set out in the first paragraph.

(6) The calibration documents shall be produced when so requested by the control authorities specified in Chapter IX of the Act relating to Sea-water Fisheries.

¹⁾ Enclosure: Guidelines issued by the Directorate of Fisheries for constructing capacity tables for RSW tanks in Norwegian vessels.

Section 68 Drawings of cargo holds

(1) Vessels of a total length of more than 24 m shall carry on board updated drawings or descriptions of cargo holds and other storage rooms for fish and fish products. For vessels that take part in fisheries in the Northwest Atlantic Ocean (NAFO area) or in EU waters, this requirement applies to vessels of a total length of more than 17 m.

(2) The drawings or descriptions mentioned in the first paragraph must specify the gross storage capacity of each room in cubic metres. If a room is further subdivided, the subdivisions shall be specified in the same way.

(3) For Norwegian vessels, documents such as are mentioned in the first paragraph shall be controlled by the Norwegian Maritime Directorate or another body approved to carry out such control.¹⁾

(4) For foreign vessels, documents such as are mentioned in the first paragraph shall be approved by a competent authority in the state where the vessel is registered.

(5) Drawings or descriptions such as are mentioned in the first paragraph shall be submitted to the control authorities on request.

1) Enclosure: model cargo hold certificate.

CHAPTER XV. RETROREFLECTING DEVICES ON FISHING VESSELS

Section 69. Requirements for retroreflecting devices

(1) Fishing vessels of 15 m or more in length and that have certificates for deep-sea fisheries shall in addition to their registration number in accordance with the Act of 5 December 1917 relating to the registration and marking of fishing vessels, etc., also carry retroreflecting devices on both sides.

(2) The devices used must be type approved by the Directorate of Fisheries, and each device shall be inscribed with a type approval number in the lower right corner. The manufacturer of the devices is responsible for ensuring that the device with the type approval number inscribed is in accordance with the type approval. In addition, a copy of the written type approval shall accompany the devices to be kept on board the vessel and used as documentation for the control authorities.

Section 70. Placing and installation of the devices

(1) The devices shall be placed in a fore-and-aft direction as high up as is possible, not necessarily symmetrically, and shall be set at an angle of 10˚ to the vertical so that they can also be observed from the air. It shall be possible to read the devices with binoculars (7 x 50) at a distance of 1000 m in the dark with a standard clear optical range of 12.7 nautical miles using a 250 W halogen searchlight if the height of the letters is 75 cm.

(2) The distance at which the devices are legible shall be maintained for observation positions up to an angle of +/- 60˚ from the position perpendicular to the surface of the device.

(3) If it is not possible to install the devices at the angle mentioned in the first paragraph, but only at a smaller angle to the vertical, a third device shall be placed on or near the wheelhouse roof. This device shall be placed athwart the vessel and shall set at an angle of about 45˚.

(4) The retroreflecting devices shall show the vessel’s signal letters in black, non-retroreflecting material on a neutral (white) background of retroreflecting foil. The foil shall be attached to an aluminium sheet that is at least 2.5 mm thick. The aluminium sheet shall be permanently and firmly attached to the vessel.

Section 71. Height of the letters

(1) Upper-case letters shall be used for the signal letters. The height of the letters shall be as follows.

a) 50 cm on vessels of a total length of 15.0 m or more, but under 20.0 m total length,

b) 75 cm on vessels of a total length of 20.0 m or more, but under 45.0 m total length,

c) 100 cm on vessels of a total length of 45.0 m or more.

(2) There shall be a 15 cm retroreflecting border around the letters.

(3) The Directorate of Fisheries may grant exemptions from the requirements relating to the height of the letters if placing the devices can cause safety problems or problems in relation to fishing operations.

Section 72. The owner’s responsibilities

(1) The owner of a vessel is responsible for ensuring that the devices used are type approved and correctly installed according to the manufacturer’s specifications and that they are readily visible and legible at all times. Damage to the devices that may make identification of the vessel difficult shall be repaired as soon as possible. Repair materials can be obtained on request from the manufacturer.

(2) The Coast Guard may require the owner of a vessel to repair damage, etc. as soon as possible.

CHAPTER XVI. MARKING OF FISHING GEAR

Section 73. Requirements relating to marking of gear

(1) Fixed and drifting gear in the sea in the internal waters, territorial sea and Economic Zone of Norway shall be clearly marked with the registration number of the vessel as specified in this section. If registration is not mandatory for the vessel used, the gear shall be marked with the owner’s name and address. At least one of the buoys on the gear shall be marked.

(2) A purse seine or net pen that is used for storage of fish shall be marked as prescribed in the first paragraph. Nevertheless at least two buoys shall be marked as prescribed.

(3) Lobster/crab pots and holding pots shall be marked as prescribed in the first paragraph

(4) If the gear has no buoys, the gear itself shall be marked.

(5) The term buoys also includes floats.

Section 74. Requirements relating to marking of gear outside four nautical miles from the baselines

Gill nets and longlines located in the territorial sea outside four nautical miles from the baselines or in the Economic Zone of Norway shall be marked as follows:

a) During daytime, each end of the gear shall have a buoy with a stake mounted on it, equipped with a radar reflector or a flag. After sunset, each end of the gear shall have a buoy covered with light-reflecting material (cf f below) and a stake equipped with a light (cf g below), so that the end buoys indicate the position and length of the gear.

b) During the day, the marking buoy at the western end of the gear (in the semicircle from south via west up to and including north) shall carry two flags, one above the other. The distance between the flags shall be at least 25 cm. A radar reflector may be used instead of the top flag. After sunset, the buoy shall be equipped with two lights. The distance between the lights shall be at least 50 cm.

c) During the day, the marking buoy at the eastern end of the gear (in the semicircle from north via east up to and including south) shall carry one flag. A radar reflector may be used instead of the flag. After sunset, the buoy shall be equipped with one light.

d) (1) The distance between the marking buoys on fixed gear shall not exceed one nautical mile. Gear that is longer than one nautical mile shall have one or more intermediate marking buoys between the end buoys. An intermediate marking buoy shall be equipped as prescribed in c) above. After sunset, such a buoy need nevertheless not be equipped with a light, provided that the distance between lights on the gear does not exceed two nautical miles.

(2) The distance between the marking buoys on drifting gear shall not exceed two nautical miles. Gear that is longer than two nautical miles shall have one or more intermediate marking buoys between the end buoys. An intermediate marking buoy shall be equipped as prescribed in c) above.

(3) Drifting fleet of nets that exceed one nautical mile in length shall have one or more buoys of a clearly visible light-reflecting colour attached between the end buoys.

e) (1) If the nature of the seabed and/or the strength of the current make it impossible to attach a marking buoy at each end of the gear, the total length of the gear as measured from the end buoy shall not exceed one nautical mile. Items b) and c) apply correspondingly, depending on whether the gear extends in an easterly or westerly direction from the end buoy.

(2) If drifting gear is attached to a fishing vessel, no marking buoy is necessary at this end of the gear.

f) The stake mounted on a marking buoy shall reach a height of at least 2 m above the waterline. The buoy, stake or top marking shall be equipped with light-reflecting material such that light is reflected in all directions.

g) The light on the stake of a marking buoy shall be yellow and shall be visible at a distance of at least two nautical miles in good visibility and in the dark. The light may either be illuminated the whole time, and of constant brightness, or a flashing light. It is not permitted to use both constant and flashing lights on the same buoy. Flashing lights shall flash between 20 and 25 times a minute. If two flashing lights are used on the same marking buoy, these shall be synchronised so that they flash in time with each other.

Section 75. Requirements relating to marking of gear in Finnmark within four nautical miles of the baselines

Gill nets and longlines set less than four nautical miles from the baselines off the coast of Finnmark shall be equipped with the markings prescribed for daytime use in section 74 a)–d) at all times of the day and night. If it is impossible to use a stake at least 2 m high as prescribed in section 74 f), a stake reaching a height of at least 1 m above the waterline may be used. If the length of the gear does not exceed one nautical mile, a marking buoy may be used at one end only, cf. section 74 e) 1), second sentence. The stake on the marking buoy should be equipped with light-reflecting material such that light is reflected in all directions.

Section 76. Requirements relating to marking of gear during the capelin fishery

The following applies to fixed gill nets and longlines deployed in areas less than four nautical miles from the baselines at times when fishing for capelin using trawls and purse seines can be expected to be in progress:

a) Vessels of a length under 35 feet may use stakes that reach a height of at least 1 m above the marking buoys.

b) It is prohibited to use floating marker lines between the buoys and the upper third of the marker line.

Section 77. Type approval

(1) Buoys, including lights, light-reflecting material and radar reflectors, used by Norwegian vessels shall be type approved by the Directorate of Fisheries.

(2) The Directorate of Fisheries may adopt regulations relating to type approval of fisheries gear.

CHAPTER XVII. LOSS OF GEAR AND ORDER ON HARVESTING GROUNDS

Section 78. Reporting and retrieval of lost gear

Any person that loses gear or cuts it adrift has a duty to search for the gear.

If it is not possible to retrieve lost gear, the following shall be reported to the Coast Guard Central (tel. 07611) immediately:

a) the name and call sign of the vessel

b) the type of gear

c) the quantity of gear

d) the time when the gear was lost

e) the position where the gear was lost.

Finds of lost gear shall be reported to the Coast Guard Central.

Section 79. Right of way

Any person fishing with drifting or towed gear must give way to fixed gear.

It is prohibited to anchor in an area where drift nets or float lines have been set and are drifting.

A vessel that has no gear set shall when requested move if it is impeding fishermen who have begun fishing operations or are in the process of setting their gear.

An anchored vessel that is obstructing a seine cast shall when requested move provided there is another suitable anchorage nearby.

Section 80.Fishing with hook-and-line gear

Fishing with hook-and-line gear must be conducted at a safe distance, and not less than 100 metres, from a seine net that has been set.

Section 81. Shore seining

If a barrier has been erected, satisfactory watch must be kept by the seine. Provided that there is no insuperable obstacle to this, the seine shall be promptly lowered on request so that necessary traffic may pass over it.

To prevent undesirable competition during herring and sprat fishing with shore seines, the Ministry may adopt regulations concerning rights relating to shore seining as compared with fishing with other gear.

Section 82. Purse seining

Purse seines must be set to starboard such that the vessel turns (completes the net circle) to starboard.

Section 83. Drift netting

If any person sets drift nets close to another person's drift nets and they seem bound to run foul of each other, precautions shall be taken to avoid this, and if necessary the gear shall be hauled in. The same applies to both drifters if there is a risk of running foul of each other for other reasons.

Any person who causes a collision with other gear while towing a fleet of drift nets has a duty to haul in his gear first.

Section 84. Entanglement of gear

Any person who finds other persons' gear entangled with his own when hauling in gear has a duty to make this known.

If the gear cannot be hauled in without damaging gear belonging to others, all interested parties must if possible be notified before hauling begins.

If another person's gear must be severed or loosened as a result of entanglement with the gear or vessel, this shall be done in such a way as to minimise the overall damage. It is not permitted to sever another person's gear if it can be disentangled by other means.

If another person's gear has been severed or separated, it shall be securely fastened together again. Entangled gear that cannot be brought ashore shall be equipped with proper sinkers.

CHAPTER XVIII CAPTURE, RECOVERY AND INTERMEDIATE STORAGE OF LIVE FISH

Section 85. Scope

The provisions of this chapter do not apply to crustaceans and molluscs.

The provisions of sections 89, 93, 94, 95 and 96 do not apply to fishing for and transport and storage of saithe, mackerel, herring, sprat and eels.

Section 86. General provisions on the capture of live fish

These activities shall be carried out in a responsible manner with due consideration for fish welfare. The length of time for which fish are kept out of water or in crowded conditions shall be as short as possible. Fish shall be handled carefully during capture, transport, storage and other operations. They shall not be exposed to stress levels greater than those that will allow most of the catch to recover and swim pelagically after three days.

Before the start of fishing operations, all those on board shall have received necessary training in the method of capture. The training shall also provide information on how fishing operations can be carried out in a responsible manner with due consideration for fish welfare.

Section 87. Fishing with Danish seines

During fishing operations with Danish seines, a codend made of knotless line or other suitable material and with flexible side panels shall be used.

The quantity of fish captured in each cast shall be acceptable on the basis of fish welfare considerations.

During fishing operations with Danish seines, a water-filled bag or similar attachment to prevent injury to fish shall be used when lifting the catch on board. If such a bag is mounted on the gear during fishing operations, it shall be open at the end and closed off from the actual codend so that it does not affect the selectivity of the gear.

Section 88.Fishing depth

Fish shall captured at a depth that will minimise injury and stress to the fish. In particular, care shall be taken to ensure that pressure changes that occur when bringing the catch on board do not cause permanent injury.

Section 89. Sorting requirements

Fish shall be sorted before transfer from the water to a tank on board the vessel and before transfer from the tank to a recovery cage. Fish shall be removed if they have been injured in such a way or if their general condition is such that they are not expected to survive or will be seriously weakened before recovery.

Fish that are removed during sorting shall be slaughtered immediately by bleeding.

If there is doubt about the severity of an injury or the condition of a fish, it shall be removed and slaughtered.

Section 90. Requirements relating to fishing gear and the use of pumps

The fishing gear used shall be suitable on the basis of fish welfare considerations. If hooks are used, the catch shall be sorted in accordance with section 89.

If vacuum pumps are used to bring on board or land live fish, the pressure shall not exceed a level that prevents unnecessary injury to the fish. Pumps and piping systems based on the siphon principle and with a high volume and low pressure may be used.

Section 91. Requirements relating to brailer nets

The mesh size and surface of brailer nets shall be such that fish are not injured during transfer from the transport tank. The quantity of fish transferred in a brailer net shall not exceed what is responsible with respect to survival and the risk of injury.

Section 92.Transport

Transport shall be carried out in a manner that effectively safeguards fish health and welfare: this includes taking into consideration the fish density in the transport compartment and the need for fresh clean seawater.

Fish shall be transported to their destination as quickly as possible.

Section 93. Siting of recovery cages and temporary storage cages

Cages for recovery and temporary storage shall be sited at least 2.5 kilometres from aquaculture facilities.

Section 94. Requirements relating to recovery cages and their use

Fish that are captured live and transported on board the vessel shall be placed in a recovery cage when first transferred to a cage.

Requirements for the design of recovery cages and for keeping fish in such cages:

a) the bottom of the cage shall be flat and taut, and large enough to permit fish to rest on the bottom immediately after release into the cage,

b) the water quality shall be good and the light conditions shall be suitable,

c) fish in recovery cages shall be inspected daily,

d) recovery cages shall be designed in such a way that fish can readily be inspected, and

e) injured and dead fish shall be removed if necessary slaughtered by bleeding.

Fish shall be kept in recovery cages until it has been established that all the fish are swimming pelagically and respond to external stimuli.

Section 95. Requirements relating to temporary storage cages and their use

Requirements relating to keeping fish in temporary storage cages:

a) the behavioural and physiological needs of the fish shall be met,

b) sick, injured and dead fish shall be removed and if necessary slaughtered by bleeding,

c) fish shall be inspected regularly,

d) fish shall be fed daily from a maximum of four weeks after their recovery,

e) before feeding starts, all fish in a recovery cage should be of similar size,

f) fish may be kept in temporary storage cages for up to 12 weeks before they must be slaughtered or transferred to aquaculture facilities.

When feeding is started, notification of this shall be sent to the Norwegian Food Safety Authority and the county governor.

Section 96. Health inspections

In the event of a rise in mortality or on suspicion of a communicable or non-communicable disease during recovery or temporary storage, a veterinary surgeon or fish health biologist shall be notified immediately, and a health inspection shall be conducted to determine the cause. Records shall be kept of cases of communicable or non-communicable diseases.

At least one health inspection shall be conducted during the recovery and temporary storage of fish before they are delivered to an aquaculture facility.

Section 97. Inspections

The Norwegian Food Safety Authority may require that documentation is produced in connection with inspections.

CHAPTER XIX. REGULATORY POWERS, PENAL MEASURES AND ENTRY INTO FORCE

Section 98. Regulatory powers

The Directorate of Fisheries may amend these regulations and adopt any further provisions necessary for conducting or completing fishing or hunting activities in a rational or proper manner.

Section 99. Penal measures

Any person who wilfully or negligently contravenes provisions set out in or issued under these regulations is liable to a penalty under sections 61, 62 and 64 of the Act of 6 June 2008 No. 37 relating to the management of wild living marine resources, section 8 of the Act of 17 December 1976 No. 91 relating to the Economic Zone of Norway, or section 31 of the Act of 20 December 1974 No. 73 relating to Animal Welfare.

Section 100. Entry into force

(1) These regulations enter into force on 1 May 2005. From the same date, the following regulations are repealed:

• Regulations of 10 October 1989 relating to mesh size, bycatches, close seasons, minimum sizes, etc. during fishing operations for herring and other fish
• Regulations of 10 October 1989 relating to mesh sizes, bycatches, minimum sizes, etc., in the trawl fisheries for shrimps and Norway lobster
• Regulations of 10 October 1989 relating to the prohibition of catches, close seasons, minimum sizes, etc., during fishing operations for lobsters, crabs, red king crabs and Iceland scallops
• Regulations of 11 July 1997 relating to fishing with Danish seines with square-mesh codends in closed areas
• Regulations of 19 July 1991 relating to a prohibition against certain installations and grading units on board vessels during fishing for mackerel
• Regulations of 24 January 1994 relating to the requirement for vessels with ice water or RSW tanks to carry approved calibration documents on board
• Regulations of 17 September 1985 relating to retroreflecting markings on fishing vessels
• Regulations of 16 February 1987 relating to the installation and maintenance of retroreflecting markings on fishing vessels
• Regulations of 10 October 1989 relating to the marking of fishing gear
• Regulations of 10 October 1989 relating to fishing with fixed gear, trawls and purse seines during the capelin fishery
• Regulations of 22 December 1989 relating to regulatory measures for gill netting of cod, haddock and saithe
• Regulations of 23 November 1993 relating to regulatory measures for gill netting of Greenland halibut, blue whiting, whiting, redfish and sculpin
• Regulations of 16 August 1994 relating to regulatory measures for drift netting of mackerel
• Regulations of 6 October 1989 relating to trawl-free zones and flexible areas outside 12 nautical miles from the baselines around the Norwegian mainland
• Regulations of 6 October 1989 relating to trawling in the areas between four and 12 nautical miles from the baselines around the Norwegian mainland
• Regulations of 7 July 1997 relating to fishing in temporarily closed areas with cod trawls on which sorting grids with a minimum distance between bars of 80 mm are mounted
• Regulations of 20 July 2000 relating to drawings of cargo holds
• Regulations of 17 August 2000 concerning restrictions relating to longliners
• Regulations of 11 March 1999 relating to the protection of coral reefs
• Regulations of 7 May 1985 relating to measures for the conservation of young fish
• Regulations of 19 December 1996 relating to regulatory measures for the greater argentine (Argentina silus) fishery north of 62°N.
• Regulations of 24 February 1989 relating to regulatory measures for the fishery for shrimps and Norway lobster. Prohibition against trawling at night within four nautical miles of the baselines between Stangholmen lighthouse and the Swedish border

(2) Regulations adopted under the above-mentioned regulations will continue to apply.