Regulations on the regulation of fishing after in 2016 FOR trisopterus esmarkii Date-2015-12-15-1608 Ministry industry and Fisheries Ministry published in 2015 booklet entry into force-15 01.01.2016 31.12.2016 Last modified-2016-07-28-947 Change applies to Norway Pursuant LAW-2008-06-06-37-section 11, LAW-2008-06-06-37-section 12, LAW-2008-06-06-37-section 14, LAW-2008-06-06-37-section 16, LAW-2008-06-06-39-section 36, LAW-2008-06-06-39-section 37, LAW-2008-06-06-39-section 59, LAW-1999-03-26-15-§ 12, LAW-1999-03-26-15-section 20, FOR-2000-02-11-99, FOR-2001-10-16-4686, FOR-2006-10-13-1157-section 2-8, FOR-2006-10-13-1157-section 2-12 Announced at 21.12.2015. 15.50 short title regulations on øyepålfisket, the legal authority set forth by 2016: fisheries 15. December 2015 under the legal authority of the Act 6. June 2008 No. 37 on the management of viltlevande marine ressursar (havressurslova) section 11, section 12, section 14, section 16, section 36, section 37 and section 59 and law 26. March 1999 Nr. 15 about the right to participate in the fishing and trapping (participant Act) section 12 and section 20, cf. the delegation decision 11. February 2000 No. 99 and the delegation decision 16. October 2001 No. 4686. Added title: regulations 13. October 2006 Nr. 1157 about special permissions to operate some forms of fishing and trapping (licensing regulations) section 2-8 and section 2-12.
Changes: modified by regulations april 1 2016 Nr. 383, 28 July 2016 Nr. 947. § 1. General prohibition It is prohibited for Norwegian vessels to fishing and land trisopterus esmarkii in Norway's territorial waters and economic zone, fisheries zone by Jan Mayen, fisheries protection zone by Svalbard and in international waters in 2016.
§ 2. The total quota without the obstacle of the prohibition in section 1, the Norwegian vessel with access to the delta, fishing and land until 195 000 tonnes in the period from trisopterus esmarkii and with 1. April 2016 through 31. October 2016.
In addition, the Norwegian vessel with access to the delta, fishing and land up to 15 000 trisopterus esmarkii in the EU zone in the ICES ' statistics area IV in 2016.
§ 3. Maximum quotas fisheries can fix the maximum quotas for vessels with access to participate.
The quota to the individual vessel quota is calculated by multiplying the unit with the vessel's fixed quota factor in fishing after trisopterus esmarkii.
Maximum quotas for vessels with pelagic trawl permit or nordsjøtråltillatelse in the fisheries in the EU after trisopterus esmarkii zone in the ICES ' statistics area IV is calculated by using the quota unit 2.0.
Maximum quotas for vessels with pelagic trawl permit or nordsjøtråltillatelse in fishing after Norway's trisopterus esmarkii economic zone in is calculated by using the quota unit 20.
§ 4. Quota utilization Each vessel can only fish and land one quota of the individual fish species within the regulatory year. If the vessel has started fishing on a quota, it can't start fishing on another quota of the same fish species during the regulatory year. Without the obstacle of this, each vessel fishing and land quota exchanged or assigned pursuant to provisions on special quota arrangements.
If the vessel owner are replacing their vessels, it shall be made deduction in quota allocated to the acquired vessel for the volume vessel owner has fished and the country within regulatory year with the vessel that replaced. Without the hurdle of the first paragraph can vessels fishing with the owner acquired the vessel even if the previous owner has been fishing and land the catch with the same vessels within the regulatory year, but it should then be made deduction in quota for the volume seller of the replacement vessel has fished and the country in the regulation the year with the vessel. The first and the second paragraph also applies by the replacement of vessels in the open Group. When it can be done both first and deduction after the second sentence, should only the quantity that is the greatest.
With the purchase of the vessel for continuing operations can new vessel owner without the hurdle of the first paragraph fishing with the acquired vessel even if the previous owner has been fishing and land the catch with the same vessels within the regulatory year, but it should be done in the quota deduction is selling of the vessel has been fishing and land with this vessel during the regulatory year. The same applies with the purchase of the vessel that will participate in the open Group.
By the granting of fishing permits to substitute for the corresponding fishing permission provided from another vessel it shall be made deduction in quota for the volume as within regulatory year, fishing is subject to permission given from the other vessel. The vessel that is assigned fishing permit can conclude first joint fishing on the assigned fishing permission, but it should be done for the deduction in quota volume vessel has fished during the regulatory year. When it can be done both first and deduction after the second sentence, only the volume that is the greatest.
If there has been any replacement or sales for continuing operations several times in the course of regulatory year, or both replacement and sales for continuing operations, it shall so far as it considers fit for this by deduction in quota after the other to the fourth paragraph. The same applies if a fishing permit is assigned to the replacement for the corresponding fishing permission given from other vessels, and the specified permission earlier in the year is assigned to regulating compensation for fishing permission provided from another vessel. The same applies also as far as it is appropriate if it during regulation year is carried out both the replacement or sales for continuing operations, and the granting of fishing permits to substitute for corresponding permission.
It can be made the exception from the provisions of the first paragraph, second paragraph, second sentence, and the third paragraph if the vessel has participated in the closed group in the individual fisheries and have not changed hands in the past two years. It can be made exception to the provision in the fourth paragraph if the fishing permit provided have been assigned the same vessel continuously for the past two years.
The fishing's Regional Office can make exceptions from the first paragraph, second paragraph, second sentence, and the third paragraph of the vessel be acquired to replace vessels due to casualty or loss has significant business interruption. It is a prerequisite that the terms for use of the rental vehicle is otherwise met.
§ 5. Transfer of catch the volume that can be fished with the individual vessels cannot be transferred to other vessels. It is also forbidden to receive and to land catches which are fished by another vessel.
However, it is allowed to transfer the catch on the field between the vessels that fish with tongue and trawling if vessels are suitable, staffed and equipped for fishing.
It is not allowed to transfer the catch taken on board.
section 6. By-catch of trisopterus esmarkii it is not allowed to have by-catch of trisopterus esmarkii when fishing after other species. Such by-catch is still allowed when bifangsten can be offset the vessel's øyepålkvote. It is also allowed with by-catch of trisopterus esmarkii when the vessel is without access to participate in the fishery after trisopterus esmarkii.
section 7. Fail of the quota by dumping or neddreping is catching intentionally or negligently dumped or otherwise killed, Fishery's Regional Office make decisions about a proportional installments of the quota.
Fisheries are complaint authority.
section 8. Stop of fishing fisheries can stop fishing after trisopterus esmarkii when the total quota or area quotas are calculated oppfisket.
Fisheries can stop fishing after trisopterus esmarkii or introduce site limitations if the by-catch of other species or the intervention of fish below the minimum target exceeds the limits laid down in regulations 22. December 2004 No. 1878 about exercise of the fishery in the sea section 37 and section 46, or by-catch of mackerel exceeds 10% in weight in the individual catches.
§ 9. Violation fee Enterprises and the one that intentionally or negligently contravenes provisions given in or pursuant to the regulations, imposed fee in accordance with the amounts havressurslova § 59 and regulations 20. December 2011 No. 1437 on the use of coercive and violation fee for breach of havressurslova.
§ 10. Penalty it as intentionally or negligently contravenes provisions given in or pursuant to the regulations, be punished according to havressurslova § 60, section 61, section 64 and section 65, or participant Act section 31. In the same way punishable attempt and complicity.
section 11. Entry into force these regulations shall enter into force 1. January 2016 and applies through 31. December 2016.
