Regulations relating to a prohibition against fishing for Norwegian spring-spawning herring in the north-eastern part of the Economic Zone of Norway (090624)

On 24 June 2009, under the Act of 17 December 1976 No. 91 relating to the Economic Zone of Norway, section 16 of the Act of 6 June 2008 No. 37 relating to the management of wild living marine resources (Marine Resources Act), cf. section 3 of the Regulations of 3 June 1977 No. 6 relating to a fisheries protection zone around Svalbard, the Ministry of Fisheries and Coastal Affairs prescribed as follows:

The following amendment is to be made to the Regulations of 18 December 2008 relating to a prohibition against fishing for Norwegian spring-spawning herring in the fisheries protection zone around Svalbard in 2009, issued by the Ministry of Fisheries and Coastal Affairs:

I
Section 3, Exemptions from the prohibition against fishing (new), shall read as follows:

Vessels from states that in 2009 are permitted to fish for Norwegian spring-spawning herring in other areas under Norwegian fisheries jurisdiction may, notwithstanding the prohibition set out in section 2, fish Norwegian spring-spawning herring in an area delimited by straight lines drawn between the following positions between 24 June and 15 October 2009:

1. 74°04.73’N 19°05.76’E
2. 76°00’N 17°41.77’E
3. 76°30’N 14°00’E
4. 77°00’N 12°15’E
5. 78°00’N 09°55’E
6. 79°00’N 09°00’E
7. 79°00’N 03°29’W

continuing along the outer limit of the fisheries protection zone around Svalbard to the following position:

8. 72°10.46’N 10°18.42’E

continuing along the outer limit of the Economic Zone of Norway to position 1.

Any catches taken in accordance with the first paragraph shall be deducted from and calculated in the same way as quotas allocated in other areas under Norwegian fisheries jurisdiction.

The Director General of Fisheries may close the fishery for Norwegian spring-spawning herring in the fisheries protection zone around Svalbard for each party when it is calculated that the quantity allocated to the parties in the five-party agreement on management of the Norwegian spring-spawning herring stock for 2009 has been caught.

The Director General of Fisheries may close the entire area specified in the first paragraph or parts of it if the intermixture of undersized herring in the individual catch exceeds 20% by number, or when other factors preclude biologically sound fishing operations.

The earlier section 3 becomes the new section 4.

The earlier section 4 becomes the new section 5.

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 FISHERIES PROTECTION ZONE AROUND SVALBARD IN 2009

Adopted by the Ministry of Fisheries and Coastal Affairs on 18 December 2008, under the Act of 17 December 1976 No. 91 relating to the Economic Zone of Norway, section 16 of the Act of 6 June 2008 No. 37 relating to the management of wild living marine resources, cf. section 3 of the Regulations of 3 June 1977 No. 6 relating to a fisheries protection zone around Svalbard.

Section 1 Scope
These regulations apply to fishing operations in the fisheries protection zone around Svalbard using Norwegian and foreign vessels of any type engaged in commercial fishing operations or assisting the fishing fleet, including search vessels and experimental fishing vessels.

Section 2 General prohibition
It is prohibited to fish for Norwegian spring-spawning herring.

Section 3 Exemptions from the prohibition against fishing
Vessels from states that in 2009 are permitted to fish for Norwegian spring-spawning herring in other areas under Norwegian fisheries jurisdiction may, notwithstanding the prohibition set out in section 2, fish Norwegian spring-spawning herring in an area delimited by straight lines drawn between the following positions between 24 June and 15 October 2009:

1. 74°04.73’N 19°05.76’E
2. 76°00’N 17°41.77’E
3. 76°30’N 14°00’E
4. 77°00’N 12°15’E
5. 78°00’N 09°55’E
6. 79°00’N 09°00’E
7. 79°00’N 03°29’W

continuing along the outer limit of the fisheries protection zone around Svalbard to the following position:

8. 72°10.46’N 10°18.42’E

continuing along the outer limit of the Economic Zone of Norway to position 1.

Any catches taken in accordance with the first paragraph shall be deducted from and calculated in the same way as quotas allocated in other areas under Norwegian fisheries jurisdiction.

The Director General of Fisheries may close the fishery for Norwegian spring-spawning herring in the fisheries protection zone around Svalbard for each party when it is calculated that the quantity allocated to the parties in the five-party agreement on management of the Norwegian spring-spawning herring stock for 2009 has been caught.

The Director General of Fisheries may close the entire area specified in the first paragraph or parts of it if the intermixture of undersized herring in the individual catch exceeds 20% by number, or when other factors preclude biologically sound fishing operations.

Section 4 Penal measures and confiscation

Any person who wilfully or negligently contravenes the provisions of 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 or sections 61 and 64 of the Act of 6 June 2008 No. 37 relating to the management of wild living marine resources. Complicity or an attempt to contravene the said provisions is subject to the same penalties.

Section 5 Entry into force
These regulations enter into force on 1 January 2009 and apply up to and including 31. December 2009.