Decree amending the Decree on the regulation of fisheries in 2010 and certain conditions for the fishing industry in the following year (Regulatory Decree 2010)
In executive order No. 1443 of 15. December 2009 on the regulation of fisheries in 2010 and certain conditions for the fishing industry in the following year (Regulatory Decree 2010), as amended by Decree No. 591 of 2. June 2010 and Decree No. 1044 of 3. September 2010 and Decree No. 1071 of 14. September 2010, is amended as follows: 1. Pursuant to section 187 is inserted as paragraph 187 (a), section 187 (b) and section 187 c:» § 187 (a). To the extent that there are still udisponerede COD available to Denmark for extra quantities of individual maritime areas of TAC vessels, Fisheries Directorate to assign additional extra amounts to vessels in 2010 have permission as TAC vessels.
(2). Further additional amounts can be assigned to vessels, which has increased its årsmængde of cod through increase of FKA-shares or the transfer of årsmængder, since the vessel earlier in 2010 was awarded the extra amounts in connection with the issuance of the permit as TAC vessel.
(3). Additional extra quantities are allocated in relation to the vessel's increased årsmængde of cod in each maritime area. Allocated 30% extra amount compared to the increased årsmængder of up to 100 tons and 20% in relation to the increased årsmængder of over 100 tonnes.
(4). Assignment of additional extra quantities on the basis of application by the vessel owner. Fisheries Directorate deals with monthly applications received and make the allocation, as long as there are quantities available, see. section 187 c. applications to be included in the assignment submitted during the month concerned, must be Fisheries Directorate-General not later than the 1. in the month. The first time the 1. November 2010.
§ 187 b. Owners of vessels that are not already in 2010 have permission as TAC vessels, may request that the vessel for the remainder of 2010 will be allowed as TAC vessel. Vessels will be allowed, the rest of the 2010 meet all conditions for fishing vessel, within the meaning of the TAC. § and § 186 188 and annex 6 communication of 1. February 2010.
(2). Assignment of additional quantities to vessel owners in relation to the vessel's uopfiskede happens årsmængde of cod in the fairway area at the time of issue of the permit. Allocated 30% extra amount compared to a uopfisket årsmængde of up to 100 tons and 20% compared to an uopfisket quantity of more than 100 tonnes.
(3). Fisheries Directorate deals with monthly applications for new vessels participation as TAC vessels. Applications can be met, provided that the vessel meets the requirements for equipment and ship's décor for participation in camera documented fisheries, and there are still additional amounts available for allocation of additional quantities to the vessel, see. section 187 c.
(4). Applications to be processed the month concerned, must be Fisheries Directorate-General not later than the 1st of the month. In 2010 the final deadline in order to be registered as TAC vessel with effect for 2010, the 10. November 2010.
§ 187 c. applications for additional quantities or permission as TAC vessel accommodated only if there can be given the vessel assignment with the percentages specified in § 187 (a), (3) and § 187 b, paragraph 2.
(2). Within the applications dealt with in a month, priority is given to applications relating to vessels already have permission as TAC vessels. Then can there be assignment to vessels that do not already have permissions as TAC vessel, if there is sufficient quantities available. By priority within respectively applications pursuant to section 187 (a) and section 187 (b) applies to both groups, that if there is not sufficient quantity available to accommodate all requests, priority vessels with less overall length, rather than vessels with maximum length overall. '
2. Pursuant to section 187 c is inserted as Chapter 23 (a):
» Chapter 23 (a)
Fisheries regulated by quotas in 2011 § 187 d. To the extent that in 2011 after the EU rules is opened for that Member States can allocate some vessels additional catches of cod for the purpose of fishing with fishing quotas continues vessels in 2010 has been authorised as a TAC vessel, and issued from 1. January 2011 to those vessels operating under the conditions that apply for TAC vessels.
(2). Granted to the vessels extra amounts by 30% for årsmængder of cod until 100 tonnes in the relevant maritime area and 20% for årsmængder over 100 tonnes in the maritime area in relation to the vessel's årsmængde based on the vessel's FKA the 1. January 2011. Depending on the final quotas etc. for 2011, may be laid down other conditions and rules for the allocation of additional quantities and terms for participation in the fishery. These shall be published in the notice issued pursuant to annex 6.
(3). Vessel owners, who do not want that the vessel must continue as TAC vessel in 2011, can opt out of the authorisation at the latest 15. February 2011. It is a condition to opt out of the vessel, that there have not been applied, some of the extra årsmængde.
§ 187 e. Owners of vessels that have not previously had permission, and desiring that the vessel will be allowed as TAC vessel per 1. January 2011, shall, not later than 1. December 2010 submit application. In the course of 2011, there will also be opened for applications being processed once each month.
(2). There will for the first time 1. March 2011 to be made for the allocation of additional extra quantities of vessels acquire higher årsmængde in the course of 2011.
(3). Responding to requests and assignments will be done in accordance with the same conditions as for applications in 2010 pursuant to § § 187 (a), (b) and section 187 187 (c).
§ 187 f. To the extent that after the EU rules opens that can be assigned additional catches of other than cod fishing quotas for the purpose of fisheries with catch quotas, established the rules for participation. The rules shall be published in the notice issued pursuant to annex 6. In the case of fishing quotas that are caught in the same fisheries such as cod, can it be determined that the TAC permissions regarding. also includes the new cod catch quotas. '
§ 2 paragraph 1. The notice shall enter into force on the 22nd. October 2010.
The Fisheries Directorate-General, the 18. October 2010 Anders Munk Jensen/Martin Andersen