New fisheries management arrangements came in to force in 2010 due to the implementation of the new Control Regulation (Council Regulation 1224/2009), December Council and the Illegal Unreported and Unregulated Fishing Regulation.
Vessel Monitoring System
The current rules relating to satellite monitoring continue to apply until 1 January 2012. After this date the rules will be extended to cover all fishing vessels of 12 metres overall length or more.
Logbook and Landing Declarations
The current rules relating to the completion of logbooks and landing declarations will continue to apply until a new Commission Regulation setting out detailed rules has been agreed by Member States under Management Committee Procedure.
It has already been agreed that when recording quantities retained on board in the logbook a 10% margin of tolerance will apply to all species. It is not envisaged that the new detailed rules will include any other significant changes but Industry Groups will be consulted on the new proposals as soon as they become available.
Designated Ports and Prior Notification of Landing
The current UK system of Designated Ports and prior notification will continue to apply from 1 January 2010. However it is planned to carry out a full review of the current system during 2010 with a view towards simplifying the rules and taking into account the revised rules in the new Control Regulation and the introduction of electronic logbooks.
Prior Notification of Landing in Another Member State
Masters of vessels which do not have an electronic logbook on board must give at least 4 hours prior notification of arrival in port along with the following information:
(a) the external identification number and the name of the fishing vessel;
(b) the name of the port of destination and the purposes of the call, such as landing, transhipment or access to services;
(c) the dates of the fishing trip and the relevant geographical areas in which the catches were taken;
(d) the estimated date and time of arrival at port;
(e) the quantities of each species recorded in the fishing logbook;
(f) the quantities of each species to be landed or transhipped.
The above report should be sent under current arrangements to the competent authorities of the Port State.
Transhipments
From 1 January 2010 transhipment at sea shall be prohibited in Community waters. Member States may authorise transhipments to take place in designated transhipment ports or places close to the shore. In addition all transhipments of catches of species subject to a multiannual plan must be weighed during transhipment on scales approved by the competent authority.
Weighing of Fish
There is requirement under Article 60 of the Control Regulation that all fish are weighed before sale. The weighing can take place on board the vessel, in the port of landing before sale or before being transported elsewhere. The scales used for weighing must be certified as accurate.
Registered buyers, registered auctions or other bodies or persons which are responsible for the first marketing of fisheries products in a Member State shall be responsible for the accuracy of the weighing operation unless the weighing takes place on board a fishing vessel, in which case it shall be the master's responsibility.
Should anyone have any practical difficulties in complying with the weighing requirements set out above they should consult the local Fishery Officer who will seek to help you resolve these difficulties. Where such practical difficulties exist the Regulations also provide for the adoption of sampling plans on weighing fishing products agreed under Management Committee Procedure.
Seperate Stowage of Demersal Fish, Subject to Multiannual Plans
It shall be prohibited to retain on board a fishing vessel in any box, compartment or container any quantity of catches of demersalstocks subject to a multiannual plan mixed with any other fisheries product.
In addition all catches of demersalstocks subject to a multiannual plan retained on board a Community fishing vessel of 12 metres length overall or more shall be placed in boxes, compartments or containers separately for each of such stocksin such a way that they are identifiable from other boxes,compartments or containers. A stowage plan describing the location of the different species in the holds must also be kept on board the fishing vessel.
Real Time Closures
The new Control Regulation provides for real time closures to be applied throughout Community waters but will not take full affect until detailed rules setting trigger levels are agreed under Management Committee Procedure. In the meantime our system of real time closures established under Conservation Credits will continue to apply.
The key features of real time closures scheme are as follows:
- A minimum of 40 cod per hours fishing effort will indicate a high abundance.
- There will be a maximum level of 9 closures (plus 3 extra in the event of a positive sample) set at any one time. Closed Area (CA) will be a maximum of 50 square miles.
- Any closed area will be defined by a maximum of 6 points.
- There will be no closed areas within the 12 mile zone unless exceptional circumstances exist
- Each closure will be as a result of 1 positive sample (over 40 Cod per hour)
- Closures will last for a fixed period of 21 days after which the area will automatically re-open.
- In seeking to address commercial impact concerns raised by the industry we will introduce Commercial Impact Zones (CIZ). There can be no more than 3 closed areas within any CIZ.
- Commercial Impact Zones will be 25 miles in radius.
- A voluntary scheme with no enforcement action to be taken, other than loss of benefit gained from participation in the Conservation Credits Scheme.
- Other UK administrations and other member states will be advised of closures and vessels encouraged to observe them.
- Industry will be encouraged to notify the existence for information purposes where they have encountered high numbers of undersized cod. TEL: +44(0)131-271-9700, FAX: +44(0)131-244-6471 and Email: UKFCC@scotland.gsi.gov.uk
- Information on sample results and closed areas will be published on the Marine Directorate website. http://www.scotland.gov.uk/realtimeclosures
- Sampling will be undertaken by the Marine Scotland and independent observers.
- FRS observers shall seek the permission of the vessel master before any notifications are made.
Seasonal Closures
The Long Hole seasonal closure as announced in the management letter of 29 October 2008 is currently in place and due to remain until sampling results suggest that it should reopen. Regular sampling is undertaken.
There will be 3 further closures seasonal closures along the same lines as 2009, namely at Pappa Bank (from 15 January to 15 March), the Coral Edge (from 15 January to 28 February) and the Stanhope Ground (from 21 February to 30 April). In all three cases and unlike the Long Hole these areas will be automatically re-opened.
Finally, there is one additional seasonal closure for 2010 which sees the entire Norwegian Zone closed for the month of January. The area will automatically re-open on 1st February 2010. Please note that for the duration of the Norwegian Zone closure the maximum total number of Real Time Closures in place at any one time will be reduced from 9 to 7. However as is currently the case the scope remains for 3 additional closures when positive samples are taken.
Details of these closures are available at the following link http://www.scotland.gov.uk/realtimeclosures.
Recreational Fishing
The new Control Regulation states that Member States will be required to develop a sampling scheme for recreational sea angling. We will be taking this work forward in the New Year in discussion with the angling associations.
Retireval of Lost Gear
All fishing vessels must carry on board equipment on board equipment which can be used to retrieve lost gear. Should the master of a fishing vessel lose fishing gear or part of the net they shall attempt to retrieve it as soon as possible.
If the lost gear cannot be retrieved, the master of the vessel shall inform the competent authority of its flag Member State, which shall then inform the competent authority of the coastal Member State, within 24 hours of the following:
(a) the external identification number and the name of the fishing vessel;
(b) the type of lost gear;
(c) the time when the gear was lost;
(d) the position where the gear was lost;
(e) the measures undertaken to retrieve the gear.
The above details of lost gear should be reported to the UK Fisheries Call Centre,Tel: +44(0)131-271-9700, Fax: +44(0)131-244-6471 and Email: UKFCC@scotland.gsi.gov.uk
Transit of Fishing Restricted Areas
All fishing vessels of 12 metres length overall or more which transit through a Fishing Restricted Area where they are not authorised to fish must comply with the following conditions:
(a) all gears carried on board must be lashed and stowed during the transit;
(b) the speed during transit is not less than six knotsexcept in case of force majeure or adverse conditions. In such cases, the master shall immediately inform the Fisheries Monitoring Centre of the flag Member State which shall then inform the competent authorities of the coastal Member State.
Technical Measures: Whitefish Zone VIA
Last year's Regulations restricting fishing in waters within the 200m depth line (The French Line) in Zone VIa have been continued for a further 18 months until 30 June 2011. However the Council and the Commission have taken note of requests by some Member States to modify existing technical measures for ICES Zone VI in advance of the agreed overall reform of the technical measures rules for mid 2011. The Commission will consider these requests and where appropriate present relevant proposals, if possible in the course of first half of 2010.
The technical measures when fishing for nephrops in this area is as follows:
- Nephrops vessels may continue to fish in the area, provided that:
- The mesh size is a minimum of 80mm;
- A square mesh panel (SMP) having a mesh size of at least 120mm is inserted in the top half of the net.The SMP must be at least 3 metres in length, the rearmost row of meshes of the SMP must be no more than 12 metres from the codline and the panel must be no more than 2 open meshes from the adjacent selvedge
- No less than 30% of the catch retained onboard consists of nephrops and no more than 10% of the catch retained on board consists of cod, haddock and whiting combined.
·Whitefish vessels may continue their activity in the area, provided that:
- The mesh size is a minimum of 120mm (110mm for vessels less than 15m in length);
- A square mesh panel (SMP) having a mesh size of at least 120mm (110mm for vessels less than 15m in length) is inserted in the top half of the net.The SMP must be at least 3 metres in length, the rearmost row of meshes of the SMP must be no more than 12 metres from the codline and the panel must be no more than 2 open meshes from the adjacent selvedge
- No more than 30% of the catch retained on board consists of cod, haddock and whiting combined.
- Scallop vessels may continue their activity in the area.
A copy of all the provisions carried over for 18 months, including other technical provisions such as Fishing Restricted Areas applying in both Community and International waters will be made available early in 2010 following the publication of the rules agreed at November and December Fisheries Councils on http://www.scotland.gov.uk/Topics/Fisheries/Sea-Fisheries/COMPLIANCEwebsite.
Implementation of IUU Regulations - Landings into Non EU Countries
From 1 January 2010, in order to comply with the introduction of the Illegal Unreported and Unregulated Fishing Regulation, vessels landing directly into non-EU waters may be required to submit a validated UK catch certificate. The Commission is arranging bilateral agreements with non-EU countries and currently Catch Certificates will be required by the Norwegian and Icelandic Fisheries Authorities when a Scottish vessel is landing there. Additionally, direct landings into non-EU countries where the fisheries product will be re-entering the EU will also require a catch certificate. If you do not know the ultimate destination of the product you are landing, and it could be imported to the EU, it may be prudent to produce a UK catch certificate. Without this documentation the product will not be allowed to enter the EU.
Prior to landing in Norway or Iceland, the master of the fishing vessel will need to complete a catch certificate and submit it for validation to the UK Fisheries Call Centre,Tel: +44(0)131-271-9700, Fax: +44(0)131-244-6471 and Email: UKFCC@scotland.gsi.gov.uk
- The catch certificate can be submitted on behalf of the Master by the agent as part of the standard flag state prior notification arrangements.
For further details the IUU Regulation and to download the UK catch certificates please see: http://www.scotland.gov.uk/Topics/Fisheries/Sea-Fisheries/COMPLIANCE
Conversion Factors
Commission Regulation 409/2009 introduces new rules on the use of Conversion Factors which come into effect from 1 January 2010. Licences will be varied from the beginning of the year to reflect these changes. The regulation sets out Community agreed Conversion Factors for a number of different species and presentations which now replace any existing Member State Conversion Factors for those species and presentations.
http://ec.europa.eu/fisheries/cfp/control_enforcement/conversionfactors_en.htm