Regulations amending the regulations of 3 september 1998 relating to a prohibition against fishing for norwegian spring-spawning herring in the north-eastern part of the economic zone of Norway

On 24 June 2009, under sections 11, 12 and 16 of the Act of 6 June 2008 No. 37 relating to the management of wild living marine resources (Marine Resources Act), the Ministry of Fisheries and Coastal Affairs prescribed as follows:

I
The following amendments are to be made to the Regulations of 3 September 1998 No. 859 relating to a prohibition against fishing for Norwegian spring-spawning herring in the north-eastern part of the Economic Zone of Norway:

Section 3 (new) shall read:

Notwithstanding the prohibition set out in section 1, it is permitted to fish for Norwegian spring-spawning herring in an area delimited by straight lines through the following coordinates from 24 June to 15 October 2009:

1. 70°40.5’N 21°59.1’E
2. 74°4.73’N 19°5.76’E

From there along the outer limit of the Economic Zone of Norway to

3. 72°10.46’N 10°18.42’E.

The Directorate of Fisheries may close the entire area specified in the first paragraph or parts of it if the intermixture of herring below the minimum size in the individual catch exceeds 20% by number.

II
These regulations enter into force immediately.
The amended regulations read as follows:

REGULATIONS RELATING TO A PROHIBITION AGAINST FISHING FOR NORWEGIAN SPRING-SPAWNING HERRING IN THE NORTH-EASTERN PART OF THE ECONOMIC ZONE OF NORWAY

Adopted by the Ministry of Fisheries (now the Ministry of Fisheries and Coastal Affairs) on 3 September 1998, under sections 11, 12 and 16 4 of the Act of of 6 June 2008 No. 37 relating to the management of wild living marine resources (Marine Resources Act).

Section 1. It is prohibited for Norwegian and foreign vessels to fish for Norwegian spring-spawning herring north-east of a straight line from 72°10.46’N, 10°18.42’E to Darupskjeret 70°40.5’N, 21°59.1’E.

Section 2. Notwithstanding the prohibition set out in section 1, fishing for Norwegian spring-spawning herring is permitted within four nautical miles of the baselines west of 29°59’E for vessels that:

1. are entitled to take part in fishing for Norwegian spring-spawning herring under the Regulations of 18 November 2008 No. 1235 relating to restrictions on participation in fisheries as part of the coastal fishing fleet in 2009, and

2. are under 21.35 metres in total length or have a cargo storage capacity of less than150 m3. Vessels with a total length of 21.35 metres or more but a cargo storage capacity of less than 150 m3 must apply to the Directorate of Fisheries, Region Finnmark, for exemption to participate in this fishery.

The Directorate of Fisheries may close the fishery mentioned in the first paragraph, reduce or extend the period when fishing is permitted, or close part or close the entire area or parts of it.

Section 3. Notwithstanding the prohibition set out in section 1, it is permitted to fish for Norwegian spring-spawning herring in an area delimited by straight lines through the following coordinates from 24 June to 15 October 2009:

1. 70°40.5’N 21°59.1’E
2. 74°4.73’N 19°5.76’E

From there along the outer limit of the Economic Zone of Norway to

3. 72°10.46’N 10°18.42’E.

The Directorate of Fisheries may close the entire area specified in the first paragraph or parts of it if the intermixture of herring below the minimum size in the individual catch exceeds 20% by number.

Section 4. Any person who wilfully or negligently contravenes these regulations is liable to a penalty under section 53 of the Act of 3 June 1983 No. 40 relating to sea-water fisheries, etc.

Section 5. These regulations enter into force immediately.