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Commission Regulation (EC) No 494/2002 of 19 March 2002 establishing additional technical measures for the recovery of the stock of hake in ICES sub-areas III, IV, V, VI and VII and ICES divisions VIII a, b, d, e

Type Regulation

Publication 2002-03-20

Last updated 2016-01-01

State In force

Department European Commission

Source EUR-Lex

articles 8

Reform history JSON API

Article 1

This Regulation shall apply to fishing vessels operating within ICES sub-areas V and VI and ICES divisions VII b, c, f, g, h, j, k and ICES divisions VIII a, b, d, e.

Article 1a

For the purposes of this Regulation, ‘unintended catches’ means incidental catches of marine organisms that, under Article 15 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council ([^E0004]), must be landed and counted against quotas either because they are below the minimum conservation reference size or because they exceed the quantities permitted under the catch composition and by-catch rules.

Article 2

Notwithstanding the conditions laid down in Article 4(4) and Article 15 of Regulation (EC) No 850/98, catches of hake (Merluccius merluccius) retained on board any vessel carrying any towed gear other than beam trawls of mesh size 55 to 99 mm may not be in excess of 20 % of the weight of the total catch of marine organisms retained on board and catches of hake retained on board any vessel carrying a beam trawl of mesh size range 55 to 99 mm may not be in excess of 5 % of the weight of the total catch of marine organisms retained on board.

The conditions of paragraph 1 shall not apply to any vessel of length less than 12 metres overall which returns to port within 24 hours of its most recent departure from port.

Paragraph 1 shall not apply to unintended catches of hake subject to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013. Those unintended catches shall be landed and counted against the quotas.

Article 3

It shall be prohibited to use:

(a) except in ICES sub-areas V and VI, any cod-end and/or extension piece of any towed net except beam trawls of mesh size greater than 55 mm which is not constructed of single-twine netting material of which no twine is of thickness greater than 6 mm or of double-twine netting material of which no twine is of thickness greater than 4 mm;

(b) any demersal towed net other than beam trawl incorporating a cod-end of mesh size range 70 to 89 mm having more than 120 meshes in any circumference of the said cod-end excluding the joinings and selvages;

(c) any demersal towed net which includes any individual quadrilateral mesh of which the bars of the mesh are not of approximately equal length;

(d) any demersal towed net to which a cod-end of mesh size less than 100 mm is attached by any means other than being sewn into that part of the net anterior to the cod-end.

Article 4

It shall be prohibited to carry on board or deploy any beam trawl of mesh size equal to or greater than 70 mm unless the entire upper half of the anterior part of such a net consists of a panel of netting material of which no individual mesh is of mesh size less than 180 mm attached:

— directly to the headline, or

— to no more than three rows of netting material of any mesh size attached directly to the headline.

The panel of netting shall extend towards the posterior of the net for at least the number of meshes determined by:

(a) dividing the length in metres of the beam of the net by 12;

(b) multiplying the result obtained in (a) by 5400;

(d) ignoring any decimal or other fractions in the result obtained in (c).

Article 5

For the purposes of paragraph 2, the following geographical areas are defined:

(a) the area enclosed by straight lines sequentially joining the following geographical coordinates and excluding any part of that area situated within the limit of 12 nautical miles calculated from the baselines of Ireland: 53°30′N, 11°00′W 53°30′N, 12°00′W 53°00′N, 12°00′W 51°00′N, 11°00′W 49°30′N, 11°00′W 49°30′N, 07°00′W 51°00′N, 07°00′W 51°00′N, 10°30′W 51°30′N, 11°00′W 53°30′N, 11°00′W;

(b) the area enclosed by straight lines sequentially joining the following geographical coordinates and excluding any part of that area situated within the limit of 12 nautical miles calculated from the baselines of France: 48°00′N, 06°00′W 48°00′N, 07°00′W 45°00′N, 02°00′W 44°00′N, 02°00′W a point on the coast of France at 44°00′N a point on the coast of France at 45°30′N 45°30′N, 02°00′W 45°45′N, 02°00′W 48°00′N, 06°00′W.

Within the areas defined in paragraph 1:

— it is prohibited to conduct any fishing activity using any towed net other than beam trawls of mesh size range 55 to 99 mm,

— it is prohibited to immerse, partially or wholly, or otherwise deploy for any purpose any towed net other than beam trawls which is of mesh size range 55 to 99 mm,

— all towed nets other than beam trawls of mesh size range 55 to 99 mm shall be lashed and stowed in accordance with the provisions laid down in Article 20(1) of Regulation (EEC) No 2847/93 of 1 October 1993 establishing a control system applicable to the common fisheries policy ([^E0005]).

Within the area defined in paragraph 1(a):

— it is prohibited to conduct any fishing activity using any fixed gear of mesh size less than 120 mm,

— it is prohibited to immerse, partially or wholly or otherwise deploy for any purpose, any fixed gear of mesh size less than 120 mm,

— all fixed gears of mesh size less than 120 mm shall be lashed and stowed in accordance with the provisions laid down in Article 20(1) of Regulation (EEC) No 2847/93.

Within the area defined in paragraph 1(b):

— it is prohibited to conduct any fishing activity using any fixed gear of mesh size less than 100 mm,

— it is prohibited to immerse, partially or wholly or otherwise deploy for any purpose, any fixed gear of mesh size less than 100 mm,

— all fixed gears of mesh size less than 100 mm shall be lashed and stowed in accordance with the provisions laid down in Article 20(1) of Regulation (EEC) No 2847/93.

Article 6

Within the area defined in Article 5(1)(a), beam trawls of mesh size range 55 to 99 mm may be deployed or immersed partially or wholly only in that part of the area to the east of 07°30′W and only in the period April to October.

Within the area defined in Article 5(1)(b), beam trawls of mesh size range 55 to 99 mm may be deployed or immersed partially or wholly only in that part of the area to the south of 46°00′N and only in the period June to September.

Within those parts of the areas defined in Article 5(1)(a) or 5(1)(b) which lie outside the areas referred to in paragraphs 1 and 2, all beam trawls of mesh size range 55 to 99 mm shall be lashed and stowed in accordance with the provisions laid down in Article 20(1) of Regulation (EEC) No 2847/93.

Article 7

This Regulation shall enter into force the day following that of its publication in the Official Journal of the European Communities.

It shall be applicable from 1 March 2002.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

OJ L 125, 27.4.1998, p. 1.

OJ L 137, 19.5.2001, p. 1.

OJ L 159, 14.6.2001, p. 4.

[^E0004]: Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).

[^E0005]: OJ L 261, 20.10.1993, p. 1.

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