Regulations on the regulation of fishing for Norwegian spring-spawning herring in 2016
Date FOR-2015-12-15-1607
Ministry of Industry and Ministry of Fisheries
Published In 2015 Booklet 15
Commencement 01.01.2016 - 31.12.2016
Edited
FOR 2016-04-15-380
Changes
For
Norway
Legal
LOV-2008-06-06-37-§11, LOV-2008-06-06-37-§12 LOV-2008-06-06-37-§14, LAW-2008-06-06- 37-§16 LOV-2008-06-06-37-§27, LOV-2008-06-06-37-§36, LOV-2008-06-06-37-§37, LAW-2008-06- 06-37-section 59, LOV-1999-03-26-15-§12 LOV-1999-03-26-15-section 20 LOV-1999-03-26-15-L-21, TO-2000 11.02.99
Promulgated
21.12.2015 kl. 15.50
Short Title
Regulations on fishing for spring-spawning herring, 2016
Chapter Overview:
Chapter 1. Fish Prohibition and quotas (§§ 1-6)
Chapter 2. Fishing purse group (§§ 7-9)
Chapter 3. Fishing trawler group (§§ 10-12) || | Chapter 4. Fishing in coastal vessel group (§§ 13-18)
Chapter 5. Locked areas (§§ 19-21)
Chapter 6. Common provisions (§§ 22-28)
Chapter 7. Violation charge , penalties and entry into force (§§ 29-31)
Adopted by the Ministry of Fisheries Ministry on 15 December 2015 pursuant to the Act on 6 June 2008 no. 37 on the management of wild living marine resources (Marine Resources Act) § 11, § 12, § 14, § 16, § 27, § 36, § 37 and § 59 and Act of 26 March 1999 No.. 15 on the right to participate in fishing and hunting (participation Act) § 12, § 20 and § 21; see. delegated decision on 11 February 2000 no. 99 | || Changes: Amended by regulation 15 april 2016 no. 380
Chapter 1. Fish Prohibition and quotas
§ 1. General prohibition It is prohibited for Norwegian vessels to fish and land Norwegian spring-spawning herring in 2016.
§ 2. Total Quota Notwithstanding the prohibition in § 1 may Norwegian vessels entitled to participate, fishing and land up to 193,294 tonnes of Norwegian spring-spawning herring in Norway's territorial waters and economic zone north of 62 ° N, the fisheries zone around Jan Mayen and international waters. Of this quantity allocated 1,065 tonnes for research and teaching allowance and 550 tons of bait.
Of the total quota, up to 18,566 tonnes fished in EU waters north of 62 ° N.
§ 3. Group Quota for purse seiners Vessels with purse seine license may fish and land up to 80,409 tonnes of Norwegian spring-spawning herring.
§ 4. Group Quota for trawler vessel authorized to fish for Norwegian spring-spawning herring with trawl fishing and land up to 12,689 tonnes of Norwegian spring-spawning herring.
§ 5. Group Quota for coastal vessels Vessels eligible to participate in coastal vessel group can fish and land up to 98,581 tonnes of Norwegian spring-spawning herring. This provision is a quantity of 2 000 tonnes to vessels that are authorized to participate in the open group.
§ 6. Quota Flexibility new year at group level By overfishing or under fishing up to 10% in 2015, the Directorate of Fisheries charge or a credit to group quotas by an equivalent quantity in 2016.
By overfishing or under fishing up to 10% in 2016 Directorate of Fisheries may charge or credit group quotas by an equivalent quantity of regulation year 2017.
If it remains more than 10% of an aircraft group residual quota, the excess quota redistributed to the other vessel groups.
Chapter 2. Fishing purse group
§ 7. Vessel quotas Vessels with purse seine license assigned vessel quotas on the basis of the following quota factors:
1500 hl +
40% of the license capacity of
0-
4000
hl
30% of the license capacity of
4000
6000
hl
20% of the license capacity of
6000
10,000 hl
10% of the license capacity of
10,000 hl
Quota factor is converted to tonnes by 1 hectolitre = 0.1 tons (100 kilos).
Quota to each vessel is calculated by multiplying the vessel's quota factors a quota unit established by the Directorate of Fisheries.
Quota unit is set at 1.92.
§ 8. Quota Flexibility at vessel level vessel with purse seine license granted quota under § 7, overfishing or under fishing this quota by up to 10% in 2016. Vessels using this access will be charged or credited equivalent quantity regulation year 2017. Vessels exercised the option in 2015 will be charged or credited equivalent quantity regulation year 2016.
Vessels in 2016 using random fish scheme in accordance with regulations 4 March 2005 no. 193 on the structural arrangement etc. for fishing fleet § 15, can not use its right to quota flexibility at vessel level.
§ 9. trolling Notwithstanding the prohibition in § 22 and § 23 may purse seiners with midwater trawl permit under regulation 13 October 2006 no. 1157 on special licenses to engage in certain types of fishing and hunting (license regulations) § 2-25 as partråler on these terms distribute quantity upon landing, regardless of the vessel carrying the catch:
A)
The vessels must be in writing signed as partrållag to NSS prior to fishing.
B)
vessels in partrållaget must fish with the same tool and two vessels can take up to 2 wire on each wing of trawl gear. It is not permitted to use trawl doors during trolling.
C)
If catches taken in connection with trolling divided, the minimum 20% of the catch per landing allocated to the vessels in question. There should always recognized catch on the vessels landing the catch.
D)
On reporting of catches to NSS and by landing should be given a statement of the catch was taken as partrållag.
E)
A vessel may not share the catch with more than three other vessels during 2016. The vessel can still share the catch with HGV if earlier vessels partrållaget is gone out of notice registry as a result of a structure arrangement.
Before starting fished with partrål shall be sent to the Directorate of Fisheries' regional office in the region where fishing will continue. Directorate of Fisheries' regional office may require the vessel reported that partrållag set themselves up for approval. Fisheries is the appeals body.
Chapter 3. Fishing trawler group
§ 10. Vessel quotas Vessels authorized to fish for Norwegian spring-spawning herring trawling assigned vessel quotas on the basis of the following quota factors:
50 tons +
50% of the gross tonnage of
0-
100
40% of the gross tonnage of
101-
200
30% of the gross tonnage of
201-
300
20% of the gross tonnage of
301
400
10% of the gross tonnage of
401-
600
Quota to each vessel is calculated by multiplying the vessel's quota factors a quota unit established by the Directorate of Fisheries.
When calculating vessel quota factor applies tonnage according to Ship Control Certificates / identity document issued by 31 December 1998. Upon ownership used gross tonnage per said date for the vessel owner had a license at the beginning of year or earlier.
Quota unit is set at 1.1.
§ 11. Quota Flexibility at vessel level Vessels authorized to fish for Norwegian spring-spawning herring trawling assigned quota under § 10 may overfishing or under fishing this quota by up to 10% in 2016. Vessels using this access will be charged or credited equivalent quantity of regulation year 2017. Vessels exercised the option in 2015 will be charged or credited equivalent quantity regulation year 2016.
Vessels in 2016 using random fish scheme in line with regulations regarding structural arrangement etc. for fishing fleet § 15 can not use its right to quota flexibility at vessel level.
§ 12. trolling Notwithstanding the prohibition in § 22 and § 23 may vessel partråler on these terms distribute quantity upon landing, regardless of the vessel carrying the catch:
A)
The vessels must be in writing signed as partrållag to NSS prior to fishing.
B)
vessels in partrållaget must fish with the same tool and two vessels can take up to 2 wire on each wing of trawl gear. It is not permitted to use trawl doors during trolling.
C)
If catches taken in connection with trolling divided, the minimum 20% of the catch per landing allocated to the vessels in question. There should always recognized catch on the vessels landing the catch.
D)
On reporting of catches to NSS and by landing should be given a statement of the catch was taken as partrållag.
E)
A vessel may not share the catch with more than three other vessels during the regulatory year. A vessel can still share the catch with HGV if earlier vessels partrållaget is gone out of notice registry as a result of a structure arrangement.
Before starting fished with partrål shall be sent to the Directorate of Fisheries' regional office in the region where fishing will continue. Directorate of Fisheries' regional office may require the vessel reported that partrållag set themselves up for approval. Fisheries is the appeals body.
Chapter 4. Fishing in coastal vessels group
§ 13. vessel / maximum quotas for vessels in closed group Vessels eligible to participate in the closed group may fish and land the following quantities Norwegian spring-spawning herring:
Hjemmelslengde Quota Factor
vessel quota (guaranteed) for all vessels (tonnes)
maximum quota st.l. under 15 m (tonnes)
Vessels under 7.00 m
1.31
18.73
24.35
Vessels from 7.0 to 7.99 m
1.97
28.16
36.61
Vessels from 8.0 to 8.99 m
2.62
37.46
48.69
Vessels from 9.0 to 9.99 m
3.93
56.18
73.04
Vessels 10.0 to 10.99 m
4.59
65.62
85.30
Vessels 11.0 to 11.99 m
5.24
74.91
97.38
Vessels 12.0 to 12.99 m
5.90
84.35
109.65
Vessels 13.0 to 13.99 m
6.55
93.64
121.73
Vessels 14.0 to 14.99 m
7.86
112.37
146.07
Vessels 15.0 to 15.99 m
8.40
120.09
Vessels 16.0 to 16.99 m
8.85
126.52
Vessels 17.0 to 17.99 m
9.39
134.24
Vessels 18.0 to 18.99 m
10.43
149.11
Vessels 19.0 to 19.99 m
11.47
163.97
Vessels 20.0 to 20.99 m
12.52
178.98
Vessels 21.0 to 21.99 m
14.08
201.29
Vessels 22.0 to 22.99 m
15.65
223.73
Vessels 23.0 to 23.99 m
17.21
246.03
Vessels 24.0 to 24.99 m
18.78
268.48
Vessels 25.0 to 25.99 m
20.34
290.78
Vessels 26.0 m and over
21.91
313.22
Quota for each vessel is calculated by multiplying the vessel's quota factors a quota unit. For vessels with hjemmelslengde and overall length less than 15 meters is quota unit for calculating the maximum quota set at 18.5840 tons. Exploitation of vessel quota charges maximum quota equivalent. Quota unit for calculating vessel quota is 14.2959 tons.
When a vessel is allowed to fish several quotas of Norwegian spring-spawning herring in pursuance of Regulation 7 November 2003 no. 1309 on special quota systems for the coastal fishing fleet, the transferred quotas calculated using the same quota unit when calculating the receiving vessel due allowance .
§ 14. Quota Flexibility at vessel level After the maximum and vessels quota allocated under § 13 is utilized, can the individual vessel with hjemmelslengde and overall length less than 15 meters fishing and land up to 10% of the guaranteed quota in 2016. Vessels uses the access will be charged accordingly quantity regulation year 2017.
vessels with hjemmelslengde under 15 meters and a maximum length of 15 meters, as well as vessels with hjemmelslengde over 15 meters allocated quota in accordance with § 13, may overfishing or under fishing this vessel quota by up 10% in 2016. Vessels that use the access will be charged or credited equivalent quantity regulation year 2017.
right to transfer up to 10% ufisket quantity next year is conditional on the recorded catch of the vessel participant entry in the current year.
Vessels exercised the quota flexibility in 2015 will be charged or credited equivalent quantity regulation year 2016.
§ 15. Vessel Quotas for vessels in the open group Vessels eligible to participate in the open group with shore seines and nets, fishing and land the following quantities Norwegian spring-spawning herring:
Overall length
vessel quota (tonnes)
Vessels under 7.00 m
9.36
Vessels from 7.0 to 7.99 m
14.08
Vessels from 8.0 to 8.99 m
18.73
Vessels from 9.0 to 9.99 m
28.09
Vessels 10.0 to 10.99 m
32.81
Vessels 11.0 to 11.99 m
37.46
Vessels 12.0 to 12.99 m
42.17
Vessels 13.0 to 13.99 m
46.82
Vessels 14.0 m and over
56.18
§ 16. trolling Notwithstanding the prohibition in § 22 and § 23 may coastal vessels with pelagic trawl permit under concession Regulations § 2-25 as partråler the following conditions allocate quantity upon landing, regardless of the vessel carrying the catch:
A)
The vessels must be in writing signed as partrållag to NSS prior to fishing.
B)
vessels in partrållaget must fish with the same tool and two vessels can take up to 2 wire on each wing of trawl gear. It is not permitted to use trawl doors during trolling.
C)
If catches taken in connection with trolling divided, the minimum 20% of the catch per landing allocated to the vessels in question. There should always recognized catch on the vessels landing the catch.
D)
On reporting of catches to NSS and by landing should be given a statement of the catch was taken as partrållag.
E)
A vessel may not share the catch with more than two other vessels during regulation year. A vessel can still share the catch with HGV if earlier vessels partrållaget is gone out of notice registry as a result of a structure arrangement.
Before starting fished with partrål shall be sent to the Directorate of Fisheries' regional office in the region where fishing will continue. Directorate of Fisheries' regional office may require the vessel reported that partrållag set themselves up for approval. Fisheries is the appeals body.
§ 17. Landing for guiding or buy vessels coastal vessels which itself leads the catch, can land it guiding or buy vessels. How landing can only be docked in harbors and fish landing station that welcomes Norwegian spring-spawning herring.
Directorate of Fisheries' regional office may allow landing elsewhere than what follows from the first paragraph. Fisheries is the appeals body.
§ 18. Calculation of allowance for replacement and reconstruction Vessels when replacing or rebuilding gets changed greatest length, getting quota calculated by length recorded with the register no later than 31 December 2001, or approved Certificates dated no later than that date.
Chapter 5. Locked areas
§ 19. Closed areas in Nordland It is prohibited to fish with trawls, and prohibited for vessels at or above 21.35 meters in overall length that fish with not to fish in Vestfjord and inboard inlet systems, within a line drawn between the points (Offer Søya-Tranøy). To the north is the area bounded by a straight line country 68 ° 40 'N across Tjeldsundet.
It is prohibited to fish with tongue (except shore seines) in Hellemo fjord south of a line drawn between the points 68 ° 01.12 'N 16 ° 11.62' E to 68 ° 00.95 'N 16 ° 10.20 'E (Horse Neset south to Hellandsberg).
Directorate of Fisheries' regional office may permit vessels to fish Norwegian spring-spawning herring in the areas referred to in this provision by puljevis approach. Conditions may be set for inspector on board.
Fisheries appealed a decision made by the Directorate of Fisheries' regional office.
§ 20. Fishing south of 62 ° N is prohibited fishing Norwegian spring-spawning herring south of 62 ° N in Norway's territorial waters and economic zone.
Notwithstanding the prohibition in subsection during the period from 1 January to 30 April nevertheless allowed for all vessel groups fishing Norwegian spring-spawning herring within a line, calculated from 12 nautical mil of baselines ranging from 62 ° N to 61 ° N.
Notwithstanding the prohibition in subsection during the period from 15 February to 30 April nevertheless allowed for vessels in coastal vessels group to fish Norwegian spring-spawning herring within 4 nautical mil from the baselines between 61 ° N and a straight line between Lindesnes lighthouse and Hanstholm lighthouse. Catches of herring in this area is charged the individual vessel quota of Norwegian spring-spawning herring.
Directorate of Fisheries may amend or repeal the provisions of this section, including limiting participation or exclusion areas.
§ 21. Closure of fishing grounds at the risk of neddreping, interference, etc. Notwithstanding the provisions of § 19 and § 20 Directorate of Fisheries' regional office at the risk of neddreping, the implication of Norwegian spring-spawning herring below the minimum or interference of cod, haddock, saithe and redfish, in all areas where fishing for Norwegian spring-spawning herring, close and reopen areas for fishing in certain areas and at certain times, and may impose further conditions or prohibit sales directly from seine cast and assign to fish in other areas.
Similarly, the Directorate of Fisheries' regional prohibit fishing with vessels over 28 meters in overall length in delimited areas where there is danger of vehicle collisions. Directorate of Fisheries' regional office can enjoin the use of shaking at any access to fish in closed areas.
Fisheries appealed a decision made by the Directorate of Fisheries' regional office.
Chapter 6. General Provisions
§ 22. Quota Utilization Each vessel can only fish and land one quota of the individual species within the regulatory year. If the vessel has started fishing on a quota, it can not start fishing on another quota of the same species during the adjustment year. Notwithstanding this, each vessel fishing and land quota exchanged or assigned pursuant to the provisions on special quota arrangements.
If vessel owner replacing their vessels, deduction shall be made in the quota allocated to the acquired vessel for the quantity vessel owner has fished and landed within regulatory year with the vessel replaced. Notwithstanding the first paragraph, vessels own fish with the acquired vessel even if the previous owner has fished and landed with the same vessel within the regulatory year, but it should then be deducted from the quota of the volume seller of the replacement vessel has been fishing and land in regulation year with the vessel. Subsections applies equally to the replacement of vessels in the open group. As can be deducted both the first and second sentences, shall the quantity is greater deducted.
When purchasing the vessel for continued operation can new vessel owner notwithstanding subsection fishing with the acquired vessel even if the previous owner has fished and landed with the same vessel within the regulatory year, but deducting the quota for the seller of the vessel fished and landed with this vessel during the adjustment year. The same applies to the purchase of vessels to participate in an open group.
When allocating fishing licenses to replace similar fish permission given from another vessel deduction shall be made in the quota for the quantity within regulation year is fished in accordance with the license given by the other vessel. The vessel assigned to a fishing license may, notwithstanding subsection fishing on the assigned fishing license, but deducting the quota of the quantity the vessel has fished during the regulatory year. As can be deducted both the first and second sentences, shall the quantity is greater deducted.
If it is made replacement or sales for continuing operations several times during adjustment year, or both replacement and sales for continuing operations, shall where appropriate allowance for this by deduction in the quota for second to fourth paragraphs. The same applies if a fish permission assigned to substitute for similar fishing license given from another vessel, and the given permission earlier this regulation year is allocated to compensation for fishing licenses given from another vessel. The same also applies to the extent appropriate, if during the regulatory year is conducted both replacement or sales for continuing operations, and granting of fishing licenses to substitute for similar permission.
Exceptions may be made from the provisions of the first paragraph, second sentence and third paragraph if the vessel has participated in closed group of individual fisheries and has not changed hands in the past two years. Exceptions may be made from the provision in the fourth paragraph if fishing permit as stated has been assigned the same vessel continuously for the past two years.
Directorate of Fisheries' regional office may grant exemptions from the first paragraph, second sentence and third paragraph to vessels acquired to replace vessels that due to breakdown or loss has significant downtime. It is essential that the conditions for use of chartered vessels are otherwise met.
§ 23. Transfer of Catch The quantity that can be fished with the individual vessel can not be transferred to another vessel. It is also forbidden to receive and to land catches fished by another vessel.
It is permitted to transfer the catch on the field between vessel fishing with nets, trawls and seines if the vessels are suitable, staffed and equipped for fishing.
It is not allowed to transfer catches taken on board.
It is not allowed to transfer the catch that is put into place.
It is not permitted for vessels in the open group to transmit catch.
§ 24. Bycatch is not permitted to have a bycatch of herring when fishing for other species. Such bycatch is permitted when bycatch can be offset vessel herring quota.
Furthermore, vessels that do not have access to participate in the herring fishery bycatches of herring in these fisheries:
A)
In fishing for sprat is permitted up to 50% bycatch of herring weight on landing.
B)
In the fishery for horse mackerel is permitted up to 10% by-catch of herring by weight of each catch, the entire catch on board and landed.
C)
In fishing for mackerel is permitted up to 10% by-catch of herring by weight of each catch, the entire catch on board and landed.
§ 25. Shortening of quota by dumping and neddreping the catch intentionally or negligently dumped or otherwise killed down, the Directorate of Fisheries' regional office decide whether a proportional reduction of quota.
Fisheries appealed.
§ 26. Obligation blasting tongue Vessels with tongue shall notify notsprenging on a special form to the Directorate of Fisheries' regional office.
Vessels that are subject to the requirement for electronic reporting of catch and activity data, shall notify notsprenging in line with the regulations of 21 December 2009 No.. 1743 on location reporting and electronic reporting for Norwegian fishing vessel § 12.
§ 27. Fishing for bait Within baselines north of 62 ° N is permitted to fish for Norwegian spring-spawning herring for their own consumption of bait. Such fishing may only be conducted by fishermen who are registered as professional fishermen and only one mark registered vessel. Turnover of the catch is illegal.
From 1 January to 30 April, is also allowed to fish Norwegian spring-spawning herring for their own consumption of bait within 6 nautical mil from the baselines between 61 ° N and 62 ° N.
§ 28. Authorisation Directorate of Fisheries may close the fishery when the TAC or group quotas are calculated fished, as well as introducing consumer imposition.
Directorate of Fisheries may amend the regulation and lay down more detailed provisions necessary for achieving a rational and appropriate for conducting or completing fishing.
Chapter 7. Administrative fines, penalties and entry into force
§ 29. Violation charges undertakings and who willfully or negligently violates provisions made in or pursuant to these regulations, subject to administrative fines under the Marine Resources Act § 59 and Regulation of 20 December 2011 No.. 1437 on the use of coercive and penal charge for violations the Marine Resources Act.
§ 30. Penalties who willfully or negligently violates provisions made in or pursuant to these regulations is punishable under the Marine Resources Act § 60, § 61, § 62, § 64 and § 65 and Participation Act § 31. The same penalty attempt and participation.
§ 31 Implementation These regulations come into force on 1 January 2016 and applies until 31 December 2016.
