http://www.legislation.gov.uk/eur/2019/833/chapter/IIRegulation (EU) 2019/833 of the European Parliament and of the Council of 20 May 2019 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation, amending Regulation (EU) 2016/1627 and repealing Council Regulations (EC) No 2115/2005 and (EC) No 1386/2007Regulation (EU) 2019/833 of the European Parliament and of the CouncilRegulation (EU) 2019/833 of the European Parliament and of the Council of 20 May 2019 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation, amending Regulation (EU) 2016/1627 and repealing Council Regulations (EC) No 2115/2005 and (EC) No 1386/20072020-12-11King's Printer of Acts of Parliamenthttps://webarchive.nationalarchives.gov.uk/eu-exit/https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32019R0833texttext/xmlen2019-05-20 CHAPTER II <Strong>CONSERVATION AND MANAGEMENT MEASURES</Strong> Research vessels Article 4 1 A research vessel shall not: a conduct fishing activities inconsistent with its research plan; or b catch Northern prawn in Division 3L in excess of the allocation of the flag Member State of the vessel. 2 Not less than 10 days prior to the commencement of a fishery research period, the flag Member State shall: a by electronic transmission in the format prescribed in Annex II.C to the CEM referred to in point 5 of the Annex to this Regulation, notify the Commission of all research vessels flying its flag it has authorised to conduct research activities in the Regulatory Area; and b provide the Commission with a research plan for all vessels flying its flag authorised to conduct research, including the purpose, location and, for vessels temporarily engaged in research, the dates during which the vessel will be engaged as a research vessel. 3 The flag Member State shall immediately notify the Commission of the termination of research activities by any vessel temporarily engaged in research. 4 The flag Member State shall notify the Commission of any changes to the research plan not less than 10 days before the date those changes become effective. The research vessel shall maintain a record of the changes on board. 5 Vessels engaged in research shall at all times keep on board a copy of the research plan in the English language. 6 The Commission shall forward the information notified by flag Member States in accordance with paragraphs 3, 4 and 5 to the NAFO Executive Secretary not later than seven days before the commencement of the fishery period or, in the case of changes to the research plan, seven days before the date any change to the research plan becomes effective. Catch and effort limitations Article 5 1 Each Member State shall ensure that all catch and/or effort limitations shall apply to stocks identified in fishing opportunities in force, and, unless otherwise stated, all quotas shall be expressed as live weight in metric tonnes. 2 Member States may permit fishing vessels flying their flag to fish for stocks in which it has not been allocated a quota in accordance with the fishing opportunities in force (the ‘Others’ quota), if such quota exists and notification of closure has not been given by the NAFO Executive Secretary. 3 For stocks identified in the fishing opportunities in force caught within the Regulatory Area by vessels flying its flag, each flag Member State shall: a ensure that all species from stocks listed in fishing opportunities in force caught by vessels flying its flag are counted against the quota allocated to that Member State, including the by-catch of redfish in Division 3M taken between the date when it is estimated that 50 % of the total allowable catch (TAC) of redfish in Division 3M is taken and 1 July; b ensure that no more redfish caught in Division 3M is retained on board vessels flying its flag after the date when it is estimated that 100 % of the TAC of redfish in Division 3M is taken, with the exception of redfish caught in Division 3M before the closure; c notify the Commission and EFCA of the names of Union vessels that intend to fish the ‘Others’ quota at least 48 hours in advance of each entry, and after a minimum of 48 hours of absence from the Regulatory Area. That notification shall, if possible, be accompanied by an estimate of the projected catch. That notification shall be posted on the NAFO Monitor, Control and Surveillance (MCS) website. 4 For any one haul, the species which comprises the largest percentage, by weight, of the total catch in the haul shall be considered as being taken in a directed fishery for the stock concerned. Closures of fisheries Article 6 1 Each Member State shall: a close its fishery for stocks listed in the fishing opportunities in force in the Regulatory Area on the date on which the available data indicate that the total quota allocated to that Member State for the stocks concerned will be taken, including the estimated quantity to be taken prior to the closure of the fishery, discards, and estimated unreported catch by all vessels flying the flag of that Member State; b ensure that vessels flying its flag immediately cease fishing activities that may result in catch when notified by the Commission in accordance with paragraph 3 that the quota allocated to that Member State has been fully taken. If the Member State can demonstrate that it still has quota available for that stock in accordance with paragraph 2, the vessels of that Member State may resume fishing on that stock; c close its fishery for Northern prawn in Division 3M when the number of fishing days allocated to that Member State is reached. The number of fishing days in respect of each vessel shall be determined using VMS positional data within Division 3M, with any part of a day being considered a full day; d close its directed fishery for redfish in Division 3M between the date the accumulated reported catch is estimated to reach 50 % of the TAC of redfish in Division 3M, as notified in accordance with paragraph 3, and 1 July; e close its directed fishery for redfish in Division 3M on the date the accumulated reported catch is estimated to reach 100 % of the TAC of redfish in Division 3M, as notified in accordance with paragraph 3; f promptly notify the Commission of the date of closure provided for in points (a) to (e); g prohibit vessels flying its flag from continuing a directed fishery in the Regulatory Area for a particular stock under an ‘Others’ quota beyond 5 days of notification by the NAFO Executive Secretary, as transmitted by the Commission, that it is estimated that that particular ‘Others’ quota has been taken, in accordance with paragraph 3; h ensure that no vessel flying its flag commences a directed fishery in the Regulatory Area for a particular stock under the ‘Others’ quota following notification by the NAFO Executive Secretary that it is estimated that that particular quota has been taken, in accordance with paragraph 3; i after a closure of its fishery in accordance with this paragraph, ensure that no more fish of the stock concerned is retained on board the vessels flying its flag unless otherwise authorised by this Regulation. 2 A fishery that has been closed in accordance with paragraph 1 may be re-opened within 15 days of notification by the Commission following communication with the NAFO Executive Secretary: a if the NAFO Executive Secretary confirms that the Commission has demonstrated that there is remaining quota available from its original allocation; or b if a quota transfer from another NAFO Contracting Party, in accordance with fishing opportunities, results in additional quota for the particular stock subject to closure. 3 The Commission shall promptly notify the Member States of the date of closure referred to in paragraph 1. By-catch retained on board Article 7 1 The master of the vessel, including of a vessel chartered in accordance with Article 23, shall ensure that the vessel minimises by-catch of species from stocks identified in its respective fishing opportunities in force while operating in the Regulatory Area. 2 A species listed in the fishing opportunities in force shall be classified as by-catch when it is taken in a Division where any of the following situations exist: a no quota has been allocated to that Member State for that stock in that Division, in accordance with the fishing opportunities in force; b a ban on fishing for that particular stock is in force (moratoria); or c the ‘Others’ quota for a particular stock has been fully taken, following notification by the Commission in accordance with Article 6. 3 The master of the vessel, including of a vessel chartered in accordance with Article 23, shall ensure that the vessel limits the retention on board of species classified as by-catch to the maxima specified below: a for cod in Division 3M, redfish in Divisions 3LN and witch flounder in Divisions 3NO: 1 250 kg or 5 %, whichever is the greater; b for cod in Divisions 3NO: 1 000 kg or 4 %, whichever is the greater; c for all other stocks listed in fishing opportunities where no specific quota has been allocated to the Member State: 2 500 kg or 10 %, whichever is the greater; d where a ban on fishing applies (moratoria), or when the ‘Others’ quota opened for that stock has been fully taken: 1 250 kg or 5 %, whichever is the greater; e once the directed fishery for redfish in Division 3M is closed in accordance with point (d) of Article 6(1): 1 250 kg or 5 %, whichever is the greater; f while conducting a directed fishery for yellowtail in Divisions 3LNO: 15 % of American plaice; otherwise the by-catch provisions set out in point (d) shall apply. 4 The limits and percentages provided for in paragraph 3 are calculated by Division as the percentage, by weight, for each stock of the total catch of stocks listed in fishing opportunities in force retained on board for that Division at the time of inspection, on the basis of the fishing logbook figures. 5 The calculation of groundfish by-catch levels in paragraph 3 shall not include the catches of Northern prawn in the total catch on board. Exceeding by-catch limits in any one haul Article 8 1 The master of the vessel shall ensure that the vessel: a does not conduct directed fisheries for species referred to in Article 7(2); b complies with the following requirements, where, with the exception of directed fishery for Northern prawn, the weight of any species subject to the by-catch limits exceeds the greater of the limits specified in Article 7(3) in any one haul: immediately move a minimum of 10 nautical miles from any position of the previous tow/set throughout the subsequent tow/set; leave the Division and not return for at least 60 hours if the by-catch limits specified in Article 7(3) are again exceeded following the first tow/set after moving in accordance with point (i); undertake a trial tow for a maximum duration of 3 hours before starting a new fishery following an absence of at least 60 hours. If the stocks subjected to by-catch limits form the largest percentage, by weight, of the total resulting catch in the haul, this shall not considered as a directed fishery for those stocks, and the vessel shall immediately change position in accordance with points (i) and (ii); and identify any trial tow conducted in accordance with point (b) and record in the fishing logbook the coordinates pertaining to the start and end locations of any trial tow conducted. 2 In a directed fishery for Northern prawn, the move referred to in points (i) and (ii) of point (b) of paragraph 1 shall apply when, for any one haul, the total quantity caught of the groundfish stocks listed in fishing opportunities in force exceeds 5 % in Division 3M or 2,5 % in Division 3L. 3 When a vessel is conducting a directed fishery for skate with a legal mesh size appropriate for that fishery, the first time that catches of stocks for which by-catch limits apply, as specified in Article 7(2), comprise the largest percentage by weight of the total catch in a haul, such catches shall be considered as incidental catch, but the vessel shall immediately move as specified in paragraph 1 of this Article. 4 The percentage of by-catch in any one haul is calculated as the percentage, by weight, for each stock listed in the fishing opportunities in force of the total catch from that haul. Northern prawn Article 9 1 For the purpose of this Article, Division 3M includes that portion of Division 3L enclosed by lines joining the points described in Table 1 and depicted in Figure 1(1) of the CEM referred to in point 6 of the Annex to this Regulation. 2 A vessel fishing for Northern prawn and other species on the same trip shall transmit a report to the Commission signalling the change of fishery. The number of fishing days shall be calculated accordingly. 3 Fishing days referred to in this Article shall not be transferable between NAFO Contracting Parties. Fishing days of one NAFO Contracting Party may be utilised by a vessel flying the flag of another NAFO Contracting Party only in accordance with Article 23. 4 No vessel shall fish for Northern prawn in Division 3M between 00:01 Coordinated Universal Time (UTC) on 1 June and 24:00 UTC on 31 December in the area as described in the Table 2 and depicted in Figure 1(2) of the CEM referred to in point 7 of the Annex to this Regulation. 5 All fishing for Northern prawn in Division 3L shall take place at depths greater than 200 metres. Fishing in the Regulatory Area shall be restricted to an area east of a line bound by the coordinates described in Table 3 and depicted in Figure 1(3) of the CEM referred to in point 8 of the Annex to this Regulation. 6 Each vessel that has fished for Northern prawn in Division 3L, or its representatives on its behalf, shall provide the competent port authority with at least 24 hours prior notice of its estimated time of arrival and the estimated quantities on board of Northern prawn by Division. Greenland halibut Article 10 1 The following measures apply to vessels 24 metres or greater in length overall engaged in the Greenland halibut fishery in Subarea 2 and Divisions 3KLMNO: a each Member State shall allocate its quota for Greenland halibut among its authorised vessels; b an authorised vessel shall land its Greenland halibut catch only in a designated port of a NAFO Contracting Party. To that end, each Member State shall designate one or more ports in its territory where authorised vessels may land Greenland halibut; c each Member State shall send to the Commission the name of every port it has so designated. Any subsequent changes to the list shall be sent in replacement of the previous one not less than 20 days before the change comes into effect. The Commission shall post the information on the NAFO MCS website; d at least 48 hours before its estimated time of arrival in port, an authorised vessel or its representative on its behalf shall advise the port's competent fisheries control authority of its estimated time of arrival, the estimated total quantity of Greenland halibut retained on board, and information on the Division or Divisions where the catches were taken; e each Member State shall inspect each landing of Greenland halibut in its ports and prepare an inspection report in the format prescribed in Annex IV.C to the CEM referred to in point 9 of the Annex to this Regulation, and send it to the Commission with EFCA in copy, within 12 working days from the date on which the inspection was completed. The report shall identify and provide details of any infringement of this Regulation detected during the port inspection. It shall include all relevant information available with regard to infringements detected at sea during the current trip of the inspected fishing vessel. The Commission shall post the information on the NAFO MCS website. 2 The following procedures apply with respect to authorised vessels with more than 50 tonnes live weight total catch on board taken outside the Regulatory Area entering the Regulatory Area to fish for Greenland halibut: a the master of the vessel shall notify the NAFO Executive Secretary by email or fax, at the latest 72 hours prior to the vessel's entry into the Regulatory Area, of the amount of catch on board, the position by latitude and longitude where the master of the vessel intends to commence fishing, the estimated time of arrival at the position, and contact information for the fishing vessel (for example radio, satellite phone or email); b an inspection vessel that intends to inspect a fishing vessel before it begins fishing for Greenland halibut shall notify that fishing vessel and the NAFO Executive Secretary of the coordinates of a designated inspection point that is no more than 60 nautical miles from the position where the master of the vessel estimates that the vessel will commence fishing and shall inform other inspection vessels that may be operating in the Regulatory Area accordingly; c a fishing vessel notified in accordance with point (b) shall: proceed to the designated inspection point; and ensure that the stowage plan for catch on board on entry to the Regulatory Area meets the requirements of Article 25(5) and is made available to inspectors upon request; d a fishing vessel may not begin fishing before being inspected in accordance with this Article, unless: it receives no notification within 72 hours of the notification it has transmitted in accordance with point (a); or within 3 hours of its arrival at the designated inspection point, the inspection vessel has not begun the intended inspection. 3 The landings of Greenland halibut from non-Contracting Party vessels that have engaged in fishing activities in the Regulatory Area are prohibited. Squid Article 11 Fishing for squid between 00:01 UTC on 1 January and 24:00 UTC on 30 June in Subareas 3 and 4 shall be prohibited. Conservation and management of sharks Article 12 1 Member States shall report all catches of sharks, including available historical data, in accordance with the catch and fishing effort reporting procedures set out in Article 25. 2 For all observed hauls that contain Greenland shark, observers shall record the number, estimated weight and measured length (estimated length if measured length is not possible) per haul or set, the sex, and catch disposition (alive, dead or unknown) of each individual Greenland shark. 3 It shall be prohibited to: a remove shark fins on board vessels; b retain on board, tranship or land shark fins fully detached from a carcass. 4 Without prejudice to paragraph 1, in order to facilitate on-board storage, shark fins may be partially sliced through and folded against the carcass. 5 No fishing vessel shall retain on board, tranship or land any fins harvested in contravention of this Article. 6 In fisheries that are not directed at sharks, each Member State shall encourage every vessel flying its flag to release sharks alive, and especially juveniles, that are not intended for use as food or subsistence. 7 Member States shall, where possible: a undertake research to identify ways to make fishing gear more selective for the protection of sharks; b conduct research on key biological and ecological parameters, life-history, behavioural traits and migration patterns, as well as on the identification of potential mapping, pupping and nursery grounds of key shark species. 8 Member States shall provide the results of such research to the Commission, for transmission to the NAFO Executive Secretary. Mesh sizes Article 13 1 For the purpose of this Article, mesh size shall be measured, using gauges specified by Commission Regulation (EC) No 517/2008, in accordance with Annex III.A to the CEM referred to in point 10 of the Annex to this Regulation. 2 No vessel shall fish with a net having a mesh size smaller than prescribed for each of the following species: a 40 mm for Northern prawns and prawns (PRA); b 60 mm for short finned squid (SQI); c 280 mm in the codend and 220 mm in all other parts of the trawl for skate (SKA); d 130 mm for all other groundfish, as listed in Annex I.C of CEM referred to in point 11 of the Annex to this Regulation; e 100 mm for pelagic Sebastes mentella (REB) in Subarea 2 and Divisions 1F and 3K; and f 90 mm for redfish (RED) in the fishery using mid-water trawls in Divisions 3O, 3M and 3LN. 3 A vessel conducting a fishery for a species referred to in paragraph 2 of this Article that has on board nets having a mesh size smaller than that specified in that paragraph, shall ensure such nets are securely lashed and stowed and are not available for immediate use during that fishery. 4 A vessel conducting a directed fishery for species other than those identified in paragraph 2 of this Article is, however, permitted to take regulated species with nets having a mesh size less than that specified in that paragraph, provided that the by-catch requirements laid down in Article 7(3) are complied with. Use of attachments and marking of gear Article 14 1 Strengthening ropes, splitting straps and codend floats may be used on trawls, as long as those attachments do not in any way restrict the authorised mesh or obstruct the mesh opening. 2 No vessel shall use any means or device that obstructs or diminishes the size of the meshes. However, vessels may attach devices described in Annex III.B Authorised Topside Chafers/Shrimp Toggle Chains of the CEM referred to in point 12 of the Annex to this Regulation, to the upper side of the codend in a manner that does not obstruct the meshes of the codend including any lengtheners. Canvas, netting or other material may be attached to the underside of the codend of a net only to the extent required to prevent or minimise damage to the codend. 3 Vessels fishing for Northern prawn in Division 3L or 3M shall use sorting grids or grates with a maximum bar spacing of 22 mm. Vessels fishing for Northern prawn in Division 3L shall also be equipped with toggle chains with a minimum length of 72 cm as measured in accordance with Annex III.B to the CEM referred to in point 12 of the Annex to this Regulation. 4 When fishing in the areas referred to in Article 18(1), only mid-water trawl gear is allowed. 5 No fishing vessel shall: a use gear that is not marked in accordance with generally accepted international standards, in particular the 1967 Convention on Conduct of Fishing Operations in the North Atlantic; or b deploy any marker buoy or similar object floating on the surface and intended to indicate the location of fixed fishing gear without displaying the vessel's registration number. Lost or abandoned fishing gear, retrieval of fishing gear Article 15 1 The master of the vessel fishing in the Regulatory Area shall: a have equipment on board the fishing vessel to retrieve lost gear; b if the gear or part of it is lost, make every reasonable attempt to retrieve it as soon as possible; and c not deliberately abandon fishing gear, except for safety reasons. 2 If the lost gear cannot be retrieved, the master of the vessel shall notify the flag Member State within 24 hours of the following: a the name and call sign of the vessel; b the type of lost gear; c the quantity of gear lost; d the time when the gear was lost; e the position where the gear was lost; and f the measures taken by the vessel to retrieve the lost gear. 3 Following retrieval of lost gear, the master of the vessel shall notify the flag Member State within 24 hours of the following: a the name and call sign of the vessel that has retrieved the gear; b the name and call sign of the vessel that lost the gear (if known); c the type of gear retrieved; d the quantity of gear retrieved; e the time when the gear was retrieved; and f the position where the gear was retrieved. 4 The Member State shall without delay notify the Commission of the information referred to in paragraphs 2 and 3, for transmission to the NAFO Executive Secretary. Minimum fish size requirements Article 16 1 No vessel shall retain on board any fish smaller than the minimum size established in accordance with Annex I.D to the CEM referred to in point 13 of the Annex to this Regulation, which it shall immediately return to the sea. 2 Processed fish which is below a length equivalent prescribed for that species in Annex I.D to the CEM referred to in point 13 of the Annex to this Regulation shall be considered to derive from fish that is smaller than the minimum fish size prescribed for that species. 3 Where the number of undersized fish in a single haul exceeds 10 % of the total by number of fish in that haul, the vessel shall for its next tow maintain a minimum distance of 5 nautical miles from any position of the previous tow. Commission Regulation (EC) No 517/2008 of 10 June 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 850/98 as regards the determination of the mesh size and assessing the thickness of twine of fishing nets (OJ L 151, 11.6.2008, p. 5).