Council Regulation (EC) N o 1967/2006Show full title

[X1 CHAPTER IV U.K. RESTRICTIONS CONCERNING FISHING GEARS

Article 8 U.K. Prohibited fishing gears and practices

1. The following shall not be used for fishing or kept on board:

(a) toxic, soporific or corrosive substances;

(b) electric shock generators;

(c) explosives;

(d) substances that can explode if mixed;

(e) towed devices for harvesting red coral or other type of corals or coral-like organisms;

(f) pneumatic hammers or other percussive instruments for the collection, in particular, of bivalve molluscs digging within the rocks;

(g) St Andrew's cross and similar grabs for harvesting, in particular, red coral or other type of corals or coral-like organisms;

(h) panels of netting smaller than 40mm mesh size opening for bottom trawlers.

2. Bottom-set nets shall not be used to catch the following species: albacore ( Thunnus alalunga ), bluefin tuna ( Thunnus thynnus ), swordfish ( Xiphias gladius ), ray's bream ( Brama brama ), sharks ( Hexanchus griseus; Cetorhinus maximus ; Alopiidae; Carcharhinidae; Sphyrnidae; Isuridae and Lamnidae).

By way of derogation, accidental by-catches of no more than three specimens of the shark species referred to in the first subparagraph above may be retained on board or landed provided that they are not protected species under [F1 Union] law.

3. The catching, keeping on board, transhipping, landing, storing, selling and displaying or offering for sale of date shell ( Lithophaga litophaga ) and common piddock ( Pholas dactylus ) shall be prohibited.

4. Spear-guns shall be prohibited if used in conjunction with underwater breathing apparatus (aqualung) or at night from sunset to dawn.

5. The catching, keeping on board, transhipping, landing, storing, selling and displaying or offering for sale of berried female crawfish ( Palinuridae spp.) and berried female lobster ( Homarus gammarus ) shall be prohibited. Berried female crawfish and berried female lobster shall be returned to sea immediately after accidental catching or may be used for direct restocking and transplantation within management plans established pursuant to either Articles 18 or 19 of this Regulation.

Textual Amendments

F1 Substituted by Regulation (EU) 2015/812 of the European Parliament and of the Council of 20 May 2015 amending Council Regulations (EC) No 850/98, (EC) No 2187/2005, (EC) No 1967/2006, (EC) No 1098/2007, (EC) No 254/2002, (EC) No 2347/2002 and (EC) No 1224/2009, and Regulations (EU) No 1379/2013 and (EU) No 1380/2013 of the European Parliament and of the Council, as regards the landing obligation, and repealing Council Regulation (EC) No 1434/98.

Article 9 U.K. Minimum mesh sizes

1. The use for fishing and the keeping on board of a towed net, a surrounding net or a gillnet shall be prohibited, unless the mesh size in that part of the net having the smallest meshes complies with paragraphs 3 to 6 of this Article.

2. The mesh size shall be determined by the procedures specified in Commission Regulation (EC) No 129/2003 (1) .

[F2 3. For towed nets, other than those referred to in paragraph 4, the minimum mesh size shall be at least:

(a) a square-meshed net of 40 mm at the cod-end; or

(b) at the duly justified request of the ship owner, a diamond-meshed net of 50 mm of an acknowledged size selectivity that is equivalent to or higher than that of nets referred to under point (a).

Fishing vessels shall be authorised to use and keep on board only one of the two types of nets.

The Commission shall submit a report on the implementation of this paragraph to the European Parliament and the Council by 30 June 2012 , on the basis of which, as well as on the basis of the information supplied by Member States before 31 December 2011 , it shall propose due amendments where appropriate.]

4. For trawl nets targeting sardine and anchovy, where these species account for at least 80 % of the catch in live weight after sorting, the minimum mesh size shall be 20 mm.

5. For surrounding nets the minimum mesh size shall be 14 mm.

6. (a) Bottom-set gillnets shall not have a mesh size opening smaller than 16 mm.

(b) For bottom-set gillnets targeting red sea bream, where this species accounts for at least 20 % of the catch in live weight, the minimum mesh size shall be 100 mm.

7. A Member State may allow a derogation from the provisions set out in paragraphs 3, 4 and 5 for boat seines and shore seines which are affected by a management plan as referred to in Article 19 and provided that the fisheries concerned are highly selective, have a negligible effect on the marine environment and are not affected by provisions in Article 4(5).

8. Member States shall provide up-to-date scientific and technical justifications for such a derogation.

Textual Amendments

F2 Substituted by Regulation (EU) No 1343/2011 of the European Parliament and of the Council of 13 December 2011 on certain provisions for fishing in the GFCM (General Fisheries Commission for the Mediterranean) Agreement area and amending Council Regulation (EC) No 1967/2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea.

Article 10 U.K. Minimum hook size

The use for fishing and the keeping on board of any longlines with hooks of a total length less than 3,95  cm and of a width less than 1,65  cm shall be prohibited for any fishing vessel using longlines and landing or having on board a quantity of red sea-bream ( Pagellus bogaraveo ) that constitutes more than 20 % of the catch in live weight after sorting.

Article 11 U.K. Attachments to and rigging of trawl nets

1. The mesh in any part of the net shall not be obstructed or otherwise effectively diminished except by devices permitted by Commission Regulation (EEC) No 3440/84 (2) or listed in Annex I(a) to this Regulation.

2. The rigging of trawl nets shall comply with the technical specifications laid down in Annex I(b) to this Regulation.

Article 12 U.K. Dimensions of fishing gears

It shall be prohibited to carry on board or to deploy at sea fishing gear not in compliance with the dimensions specified in Annex II.

Article 13 U.K. Minimum distances and depths for the use of fishing gears

1. The use of towed gears shall be prohibited within 3 nautical miles of the coast or within the 50 m isobath where that depth is reached at a shorter distance from the coast.

By way of derogation from the first subparagraph, the use of dredges shall be authorised within 3 nautical miles irrespective of the depth provided that the catch of species other than shellfish does not exceed 10 % of the total live weight of the catch.

2. The use of trawl nets shall be prohibited within 1,5 nautical miles of the coast . The use of boat dredges and of hydraulic dredges shall be prohibited within 0,3 nautical miles of the coast.

3. The use of purse seines shall be prohibited within 300 meters of the coast or within the 50 metres isobath where that depth is reached at a shorter distance from the coast.

A purse seine shall not be deployed at depths less than 70 % of the overall drop of the purse seine itself as measured in Annex II to this Regulation.

4. The use of dredges for sponge fishing shall be prohibited within the 50 m isobath and shall not be undertaken within 0,5 nautical miles of the coast.

5. At the request of a Member State, the Commission, in accordance with the procedure provided in Article 30(2) of Regulation (EC) No 2371/2002, shall allow a derogation from paragraphs 1, 2 and 3, on condition that such derogation is justified by particular geographical constraints, [X2 such as the limited size of the continental shelf along the entire coastline] of a Member State or the limited extent of trawlable fishing grounds, where the fisheries have no significant impact on the marine environment and affect a limited number of vessels, and provided that those fisheries cannot be undertaken with another gear and are subject to a management plan as referred to in Articles 18 or 19. Member States shall provide up-to-date scientific and technical justifications for such derogation.

6. By way of derogation from paragraph 2, trawl nets may be temporarily used until 31 December 2007 at a shorter distance from the coast than 1,5 nautical miles provided that depth is greater than the 50 metres isobath.

7. By way of derogation from paragraph 3, purse seines may be temporarily used until 31 December 2007 at a shorter distance from the coast than 300 metres or at a depth less than the 50 metres isobath but not less than the 30 metres isobath. Purse seine may be temporarily used, until 31 December 2007 at depths less than 70 % of the overall drop of the purse seine itself as measured in Annex II to this Regulation.

8. By way of derogation from paragraph 2, both boat dredges and hydraulic dredges may be temporarily used until 31 December 2007 at a shorter distance from the coast than 0,3  nautical miles.

9. The derogation referred to in paragraph 5 shall apply only to fishing activities already authorised by Member States and to vessels with a track record in the fishery of more than five years and shall not involve any future increase in fishing effort provided. A list of authorised fishing vessels and their characteristics shall be communicated to the Commission by 30 April 2007 and a comparison with the characteristics of this fleet on 1 January 2000 shall be reported.

In addition these fishing activities shall:

(a) fulfil the requirements of Article 4, Article 8(1)(h), Article 9(3)(2) and Article 23;

(b) not interfere with the activities of vessels using gears other than trawls, seines or similar towed nets;

(c) be regulated in order to ensure that catches of species mentioned in Annex III, with the exception of mollusc bivalves, are minimal;

(d) not target cephalopods.

Member States concerned shall establish a monitoring plan and report to the Commission every three years from the entry into force of this Regulation. The first report shall be communicated to the Commission before 31 July 2009 . In the light of these reports the Commission may take actions in accordance with Article 18 or Article 19(9) of this Regulation.

10. Derogations from paragraphs 1 and 2 shall be allowed for fisheries benefiting from a derogation under Article 4(5) of this Regulation and in accordance with the procedure provided in Article 30(2) of Regulation (EC) No 2371/2002.

11. By way of derogation from paragraph 2, the use of trawl nets between 0,7 and 1,5 nautical miles off the coast shall be authorised subject to the following conditions:

• sea-depth shall not be less than the 50 metres isobath,

• particular geographical constraints [X2 such as the limited size of the continental shelf along the entire coastline] of the Member State or the limited extension of trawlable fishing grounds,

• no significant impact on the marine environment,

• compliance with subparagraph 3(a) and (b) of paragraph 9,

• it shall not entail any increase in fishing effort with respect to what is already authorised by Member States.

Member States shall notify to the Commission by 30 September 2007 the modalities for applying this derogation. This notification shall include a list of authorised fishing vessels and zones, as identified by geographic coordinates both on land and at sea.

Member States concerned shall monitor the fishing activities in the zones concerned and ensure a scientific evaluation. The results of the scientific evaluation shall be communicated to the Commission every three years from the entry into force of this Regulation. The first report shall be communicated to the Commission by 31 July 2009 .

If the Commission, on the basis of the notifications provided by Member States in accordance with subparagraphs 2 and 3, or of new scientific advice, considers that the conditions for a derogation are not met, it may, after having consulted the Member State concerned, ask it to amend the derogation or may propose to the Council appropriate measures for the protection of the resources and the environment.

Editorial Information

X2 Substituted by Corrigendum to Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 1626/94 (Official Journal of the European Union L 409 of 30 December 2006 — corrected version in Official Journal of the European Union L 36 of 8 February 2007).

Article 14 U.K. Transitional derogations to the minimum mesh size and minimum distance from the coast for the use of fishing gears

1. Any fishing gear referred to in Article 9(3), (4) and (5), the minimum mesh size of which is smaller than that established therein, and the use of which is in accordance with national law in force on 1 January 1994 , may be used until 31 May 2010 even if it does not fulfil the requirements of Article 13(9).

2. Any fishing gear referred to in Article 13(1), (2) and (3), used at a shorter distance from the coast than that established therein, and the use of which is in accordance with national law in force on 1 January 1994 , may be used until 31 May 2010 even if it does not fulfil the requirements of Article 13(9).

3. Paragraphs 1 and 2 apply unless the Council decides otherwise, acting by a qualified majority on a proposal from the Commission and in the light of scientific evidence.

[F3 Article 14a U.K. Procedure for adopting technical measures in the context of discard plans

The Commission shall be empowered, for the purpose of adopting the acts referred to in Article 15(6) of Regulation (EU) No 1380/2013 and for the duration thereof, to adopt specific provisions regarding fisheries or species subject to the landing obligation that consist of technical measures referred to in Article 7(2) of that Regulation. Such measures shall be adopted by means of a delegated act adopted in accordance with Article 29a of this Regulation and Article 18 of Regulation (EU) No 1380/2013, with the aim of increasing gear selectivity or reducing or, as far as possible, eliminating unwanted catches, and may, where appropriate, derogate from the measures set out in this Regulation.] ]

Textual Amendments

F3 Inserted by Regulation (EU) 2015/812 of the European Parliament and of the Council of 20 May 2015 amending Council Regulations (EC) No 850/98, (EC) No 2187/2005, (EC) No 1967/2006, (EC) No 1098/2007, (EC) No 254/2002, (EC) No 2347/2002 and (EC) No 1224/2009, and Regulations (EU) No 1379/2013 and (EU) No 1380/2013 of the European Parliament and of the Council, as regards the landing obligation, and repealing Council Regulation (EC) No 1434/98.

Editorial Information

X1 Substituted by Corrigendum to Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 1626/94 (Official Journal of the European Union L 409 of 30 December 2006).

(1)

[X1 OJ L 22, 25.1.2003, p. 5 .]

(2)

[X1 OJ L 318, 7.12.1984, p. 23 . Regulation as last amended by Regulation (EEC) No 2122/89 ( OJ L 203, 15.7.1989, p. 21 ).]

Editorial Information

X1 Substituted by Corrigendum to Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 1626/94 (Official Journal of the European Union L 409 of 30 December 2006).