Regulations amending the regulations relating to fishing by vessels flying the flag of a member state of the european communities in the economic zone of norway and in the fisheries zone around Jan Mayen in 2009

Published: 16.09.09

On 1 July 2009, under sections 4 and 6 of the Act of 17 December 1976 No. 91 relating to the eonomic Zone of Norway, cf. 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 4 of the Royal Decree of 23 May 1980 No. 4 relating to the establishment of a fisheries zone around Jan Mayen and the Ministry of Fisheries’ decision of 16 October 2000 concerning delegation of authority to adopt annual regulations after concluding quota agreements with other countries, the Directorate of Fisheries adopted the following regulations:

I
The following amendment is to be made to the Regulations of 2 February 2009 No. 185 relating to fishing by vessels flying the flag of a Member State of the European Communities in the Economic Zone of Norway and in the fisheries zone around Jan Mayen in 2009:

Section 12 Documentation of sufficient quotas (new), shall read as follows:

Vessels to which these regulations apply shall change fishing ground if documentation of sufficient quotas for each catch and the expected catch on the current fishing ground cannot be provided. A change of fishing ground is not required in the case of small quantities of unavoidable bycatches.

The requirement for documentation of sufficient quotas is considered to be met if the following information can be provided:

a) Name, radio call sign and other identification marks of the vessel,
b) Name, business enterprise organisation number and other contact information for the person issuing the documentation,
c) Specification of the vessel’s remaining quotas, split by species and areas.

The current sections 12 and 13 become sections 13 and 14.

II
These regulations enter into force immediately.

The amended regulations read as follows:

REGULATIONS RELATING TO FISHING BY VESSELS FLYING THE FLAG OF A MEMBER STATE OF THE EUROPEAN COMMUNITIES IN THE ECONOMIC ZONE OF NORWAY AND IN THE FISHERIES ZONE AROUND JAN MAYEN IN 2009

On 2 February 2009, under sections 4 and 6 of the Act of 17 December 1976 No. 91 relating to the Economic Zone of Norway, cf. 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 4 of the Royal Decree of 23 May 1980 No. 4 relating to the establishment of a fisheries zone around Jan Mayen and the Ministry of Fisheries’ decision of 16 October 2000 concerning delegation of authority to adopt annual regulations after concluding quota agreements with other countries, the Directorate of Fisheries adopted the following regulations:

CHAPTER 1. GENERAL PROVISIONS

Section 1 General prohibition
It is prohibited to engage in fishing and hunting operations using vessels flying the flag of a Member State of the European Communities in the Economic Zone of Norway and in the fisheries zone around Jan Mayen between 12 and 200 nautical miles from the baselines.

CHAPTER 2. FISHING IN THE ECONOMIC ZONE OF NORWAY NORTH OF 62oN

Section 2 Quotas north of 62oN

Notwithstanding the prohibition set out in section 1, vessels flying the flag of a Member State of the European Communities are permitted to catch the following quantities of fish in the Economic Zone of Norway north of 62oN between 12 and 200 nautical miles from the baselines:

a) 20 074 tonnes North-East Arctic cod,
b) 2 500 tonnes North-East Arctic haddock,
c) 3 000 tonnes saithe,
d) 96 263 tonnes Norwegian spring-spawning herring,
e) 12 300 tonnes mackerel,
f) 1 500 tonnes redfish (Sebastes mentella and S. marinus) as a bycatch,
g) 350 tonnes other fish species as a bycatch,
h) 50 tonnes Greenland halibut as a bycatch,
i) 110 781 tonnes blue whiting.

It is permitted to catch the quota of mackerel set out in the first paragraph, e), in the area specified in section 8, first paragraph. It is permitted to catch the quota of blue whiting set out in the first paragraph, i), in the Economic Zone of Norway north of 62oN and in the fisheries zone around Jan Mayen between 12 and 200 nautical miles from the baselines.

Section 3 Fishing in an adjacent area of the Barents Sea
Up to 13 254 tonnes of the cod quota and up to 1 740 tonnes of the haddock quota set out in section 2 may be taken in the area specified in section 1 of the Regulations of 11 January 1978 No. 5 relating to fishing and hunting operations by foreign nationals in an adjacent area of the Barents Sea bordering on the mainland coasts of Norway and Russia.

Section 4 Bycatches of Greenland halibut
During fishing for other species, an intermixture of up to 7% Greenland halibut is permitted in the catch on board at the end of fishing operations in the Economic Zone of Norway and in the catch landed. Nevertheless, a bycatch of up to 12% Greenland halibut is permitted in each catch.

Section 5 Prohibition against fishing with large-meshed trawls and against fishing for greater argentine and blue whiting with small-meshed trawls

It is prohibited to fish with large-meshed trawls (135mm) and to fish for greater argentine and blue whiting with small-meshed trawls in the Economic Zone of Norway in an area delimited by straight lines through the following coordinates:

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. 67°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’E

It is prohibited to fish with large-meshed trawls (120 mm) and to fish for greater argentine and blue whiting with small-meshed trawls in the Economic Zone of Norway in an area delimited by straight lines through the following coordinates:

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 from there a straight line to position 1.

Section 6 Bycatches of redfish
Notwithstanding the prohibition set out in section 5, during fishing for other species in the area to which the prohibition applies, a bycatch of up to 15% by weight of redfish is permitted in each catch and in the catch landed.

Bycatches of redfish taken during fishing for other species subject to regulation by means of quotas are considered to constitute part of the quota for Sebastes mentella and S. marinus specified in section 2 f).

CHAPTER 3. FISHING IN THE ECONOMIC ZONE OF NORWAY SOUTH OF 62°N

Section 7 Quotas south of 62oN

Notwithstanding the prohibition set out in section 1, vessels flying the flag of a Member State of the European Communities are permitted to catch the following quantities of fish in the Economic Zone of Norway south of 62oN between 12 and 200 nautical miles from the baselines:

a) 20 775 tonnes cod,
b) 24 863 tonnes haddock,
c) 60 448 tonnes saithe,
d) 9 252 tonnes whiting,
e) 21 590 tonnes plaice,
f) 50 000 tonnes herring,
g) 22 518 tonnes mackerel,
h) 1 000 tonnes Norway pout,
i) 4 000 tonnes blue whiting,
j) 500 tonnes prawns,
k) 1 550 tonnes angler (monkfish),
l) 1 210 tonnes Norway lobster,
m) 170 tonnes tusk,
n) 5 000 tonnes other fish species.

Fishing specifically for Norway pout is only permitted in the period 1 May–31 August. The quantities of cod, haddock, saithe, whiting, plaice, herring and mackerel that vessels from Member States of the European Communities are entitled to take under the first paragraph are considered to have been taken if the total amount of fish of the stock in question caught by such vessels reaches the quota agreed for vessels from the Member States of the European Communities.

It is permitted to catch the quota of blue whiting set out in the first paragraph, i), in the Economic Zone of Norway north of 62oN and in the fisheries zone around Jan Mayen between 12 and 200 nautical miles from the baselines.

Section 8 Fishing for mackerel and saithe
The mackerel quota set out in section 2, first paragraph, e), may also be taken in the Economic Zone of Norway between 12 and 200 nautical miles from the baselines south of 62°N and north of 57°30'N.

Up to 6 000 tonnes of the mackerel quota set out in section 7, first paragraph, g), may be taken in the Economic Zone of Norway south of 57°30’N and in the Skagerrak more than 12 nautical miles from the baselines.

The saithe quota set out in section 7, first paragraph, c), may be taken in the Skagerrak more than 12 nautical miles from the baselines.

In the Skagerrak, vessels flying the Danish or the Swedish flag may fish to within four nautical miles of the Norwegian baselines in accordance with the agreement of 19 December 1966 between Denmark, Sweden and Norway.

Section 9 Bycatches of horse mackerel
During fishing for blue whiting, unavoidable bycatches of horse mackerel are permitted.

CHAPTER 5. MISCELLANEOUS PROVISIONS

Section 10 Calculation of catch quantities
All catch quantities shall be calculated as live weight.

Section 11 Bycatches
During fishing operations in the Economic Zone of Norway and in the fisheries zone around Jan Mayen, the total bycatch, including the proportion of the total catch used for human consumption, shall not exceed:

a) 5% herring when fishing for other fish species, and
b) 10% bycatch of protected species when fishing for species delivered for fish meal production.

Section 12 Documentation of sufficient quotas
Vessels to which these regulations apply shall change fishing ground if documentation of sufficient quotas for each catch and the expected catch on the current fishing ground cannot be provided. A change of fishing ground is not required in the case of small quantities of unavoidable bycatches.

The requirement for documentation of sufficient quotas is considered to be met if the following information can be provided:

Section 13 Penalties and confiscation
Any person who wilfully or negligently contravenes the provisions set out in or issued under these regulations is subject to a penalty and confiscation under sections 8 and 9 of the Act of 17 December 1976 No. 91 relating to the Economic Zone of Norway. Complicity or an attempt to contravene the said provisions is subject to the same penalty.

Section 14 Entry into force
These Regulations enter into force immediately and apply up to and including 31 December 2009.