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Order Aaa/2536/2015, On 30 November, Which Regulates Arts And Maritime Fishing Methods And Establishing A Management Plan For The Censuses Of The Canarian National Fishing Vessels.

Original Language Title: Orden AAA/2536/2015, de 30 de noviembre, por la que se regulan las artes y modalidades de pesca marítima y se establece un plan de gestión para los buques de los censos del Caladero Nacional Canario.

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TEXT

Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the common fisheries policy aims at ensuring the sustainable exploitation of living and fishing resources. aquaculture in the context of sustainable development, taking into account in a balanced way the economic, environmental and social aspects.

In particular, Article 7 regulates the types of measures that may be implemented, including the setting of targets for the conservation and sustainable exploitation of stocks and related measures. necessary to minimise the impact of fishing on the marine environment, minimum reference sizes for conservation purposes, the regulation of the characteristics of fishing gears and the rules on their use, limitations or prohibitions on the use of certain fishing gear and on fishing activities, in certain areas or certain periods, as well as the obligation for fishing vessels to cease fishing in a given area for a minimum period of time.

Regulation (EC) No 850/98 of the Council of 30 March 1998 on the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms has governed the minimum of the mesh of the nets of gillnets in the Community waters and, among them, those of Region 5, in which the national fishing grounds of the Canary Islands are covered. It also provides that riparian Member States may legislate in the territorial scope of application of these measures by adopting complementary measures for the protection, conservation and management, provided that such measures are only applicable to the Member States. fishermen of the Member State concerned, compatible with Union law and in accordance with the Common Fisheries Policy.

Also, Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system to ensure compliance with the rules of the common fisheries policy takes measures aimed at ensuring compliance with all the rules integrated into this policy and its observance on a global basis, in accordance with the principle of proportionality and in particular the specific definitions of each concept, art or (i) the general principles which would have to govern the implementation of the rules on persons and bodies in the geographical areas in which they are applied and the conditions for the granting and use of licences and authorisations granted for access to water and the exploitation of resources.

On the other hand, Law 3/2001 of 26 March on the Maritime Fisheries of the State establishes between its aims to ensure the balanced and responsible exploitation of the fishery resources and, in this way, establishes in Article 8 that the holder the Department may adopt measures to regulate the fishing effort, including the limitation of fishing activity time. Article 12 of this Law also provides that, in order to protect, conserve and recover the fishery resources, and after reporting by the Spanish Institute of Oceanography, the head of the Department may establish minimum funds, zones or periods of closure, where the exercise of fishing activities or the catch of certain species is limited or prohibited, as well as any other measures deemed necessary.

On the other hand, proper management of fisheries requires the adoption of certain technical measures. The aim of this order is to put an end to the existing regulatory dispersion by grouping together the various technical measures affecting the various fleet segments operating in the waters of the Canary Islands. Based on the principle of administrative simplification, it is appropriate to condense the precepts that include the different orders today in force with respect to the fisheries of the national fishing grounds of the Canary Islands.

In fact, the characteristics of the aforementioned Canary Islands are given by its small island platform (given its volcanic origin) and by presenting unproductive waters (oligotrophic), which leads to low productivity. demersal fishing and a high dependence on the tuna fishery. The fishing strategy for a rational and sustainable activity is therefore to diversify the activity as much as possible so as not to produce over-exploitation of certain resources, especially demersal species. Therefore, in the management of the Canary Islands, it is considered appropriate to allow the use of fishing systems.

The methods of fishing that are practiced with minor arts have great economic and social importance in the coast of the Canary Islands, affecting a high number of boats, the majority of small size, with a remarkable impact on the fishery resources of that fishing vessel. Likewise, the fishing of encirclement also has a notable economic and social importance in the archipelago, with a relevant impact on the pelagic resources of said fishing grounds. The special characteristics of the fishing for the fishing of the Canary Islands in relation to the rest of the national fishing grounds, as well as the necessary updating of the aforementioned regulations for these waters, make it advisable to adopt concrete measures to the in respect. Finally, in the fishing grounds of the Canary Islands, longline vessels are fishing, and it is necessary to collect provisions to regulate the fishing exercise with this art.

It should be noted that the species caught in the canary of the Canary Islands subject to minimum sizes, as well as those sizes, are listed in Annex III to Royal Decree 560/1995 of 7 April, establishing the the minimum sizes of certain fishing species.

Finally, it should be noted that the approval of this order implies a unification of the rules currently in force in a single instrument, which is carried out after the repeal of Royal Decree 2200/1986, of 19 of (a) September, by means of Royal Decree 1076/2015 of 27 November 2011, repealing Royal Decree 2200/1986 of 19 September 1986 on the regulation of the arts and methods of fishing in the waters of the Canary Islands, fishing in the waters of the canary fishing grounds, and amending Royal Decree 560/1995 of 7 April, for which the establish minimum sizes for certain fishing species, in relation to certain minimum sizes authorised for the Canary Islands 'fishing grounds (published in the' Official State Gazette ' of 28 November). The time elapsed since the promulgation of this standard makes it necessary to update and legal certainty advises to recast all the regulation of the mentioned fishing ground in a single instrument.

This rule is dictated by the exclusive jurisdiction over sea fishing held by the State under the 19th rule of Article 149.1 of the Spanish Constitution.

The procedure for communication to the European Commission provided for in Article 46 of Regulation (EC) No 850/1998 of the Council of 30 March 1998 for the conservation of fishery resources has been carried out techniques for the protection of juveniles of marine organisms.

In the preparation of this order, the fishing sector and the autonomous community of the Canary Islands, as well as the Spanish Institute of Oceanography and the Spanish Data Protection Agency, have been consulted.

In its virtue, with the prior approval of the Minister of Finance and Public Administrations, according to the State Council, I have:

CHAPTER I

General provisions

Article 1. Object and scope of application.

1. The purpose of this order is to regulate the exercise of fishing by Spanish flag vessels in the external waters of the national fishing grounds of the Canary Islands.

2. The rules contained in this order shall apply to the Spanish flag vessels registered in the Census of the Operational Fishing Fleet, censured in the modalities authorized in this order for the fishing grounds of the Canary Islands.

3. This standard shall not apply to vessels belonging to the unified surface longline census in accordance with Order AAA/658/2014, which shall be regulated by the provisions laid down therein in their activity in the external waters of the national fishing grounds. from the Canary Islands.

4. The bluefin tuna fishery shall be governed by the provisions of Order AAA/642/2013 of 18 April 2013 regulating the bluefin tuna fishery in the Eastern Atlantic and the Mediterranean.

Article 2. Definitions.

1. Hook-up gear:

a) Hand line, cordel, or line: vertical gear made up of a mother line from which they hang with their hooks or sedals with hooks (feeders). In its final end it usually presents a ballast that keeps it vertical. The line can be hand and cane.

b) Line or Amane for high fishing: Lina directed to deep demersal species. The mother line is of great length and has a lead. The number of simple, double, or triple hooks ranges from 1 to 30.

(c) Puyon: Short line of hand, provided with a hook and ballast, which is used by one or more professional fishermen, who operate by swimming, at free lung, on the surface of the water in the vicinity of the fishing vessel.

d) Cana: Fishing Utensilio that facilitates the use of the sedal. It presents many variants depending on the type of fishing to be carried out, target species (surface or bottom), depth, etc. They can be used with buoy or with reel (manual, electric, hydraulic). Among others are the canes for tunides (of different length and material) and the cane for old (Cretan Sparisoma).

e) Currican or Curric: A horizontal device consisting of a mother line that is towed by a vessel that navigates at the appropriate speed for the species to be captured. At the end, hooks attached to artificial (lures) or natural baits are arranged. The gear or currants are armed with rods or tangles or are handled by hand.

f) Bottom line: A hook, fixed to the bottom, consisting of a horizontal mother line from which the vertical brazolades are attached, to which the hooks are tied. At the ends and along the mother line are arranged the necessary anchoring and flotation elements, which allow the hooks to be kept to the appropriate depths.

2. Trap gear:

a) Nases: The nasties are fixed bottom gears, constructed in the form of a basket, barrel or cage, composed of a metallic frame coated with biodegradable mesh. They are provided with one or more openings, mouths or abattoirs of smooth ends, which allow the entry of the species into the inner compartment. It has a door to extract the catches. The nasties can be heated individually or by means of a gear called a tanda, train or cacea, in which each Nasa joins a relinga called mother at regular intervals.

b) Drum for brunette: A cylindrical bottom fixed art having on both sides a conical trap formed by flexible rods, which allows the entry of the brunette but not the exit. It has a door at the top to take out the catch.

3. Gear: Formed by a circular metal ring, rigid or flexible, which supports a metal net or fabric or yarn in the form of a bag or bag. The art hangs from a variable number of winds according to the size of the same. At its top end these winds gather in a main cape that is attached to a stem with which it is handled. Locally it receives different names such as pandorga, güeldera or tarralla.

4. Gillle arts:

a) Trasmallo: Art of fixed to the bottom, formed by pieces of two or three net cloths that are joined together between two ropes or relingas. Of these the two outer cloths are of equal dimensions and of the same size of mesh and diameter of the wire. The interior cloth may be larger than the previous ones even though it will have a smaller mesh size.

b) Cazonal, gillnet or cloths: rectangular-shaped gillway art formed by a single cloth spread between two tailings that are fixed and vertical on the bottom.

5. Encirclement art: Red in a rectangular shape, whose ends end in fists, which surrounds the load of pelagic species resulting in the bagging of the fish. The following purse seines are distinguished:

a) Sardinal or trainin: Ring net for the capture of small coastal pelagics such as mackerel, chicharro, sardine, boga and boqueron. The main body of the net is formed by long rectangular cloths and horizontally delimited in all its length by resistant strips of net, which are called "cadenets" of plumes and corks as they connect the body of the net with the relinga lower or higher respectively.

b) Air Chinjet or hammock: Ring net authorized to catch live or dead bait for fishing mainly of large and small tunidae, as well as small pelagics. It consists of a sack from the opening or the mouth of two long, more or less rectangular nets, which constitute their wings or sleeves, the ends of which end in wooden calons that attach them to traction cabs. All parts of the chinkjet are composed of a multitude of cloths.

c) Salemera: Ring network variant intended primarily for the capture of salemas (Sarpa salpa) and other species such as galana (Oblada melanura), boga (Boops Boops) or palometa (Trachinotus ovatus), subject to the surface by a relinga with buoys, being endowed with a jar to actuate the codend or sack in which the catch is joined, the walls of the art being vertical to the bottom.

6. Useful:

Vara de peto: Vara de wood at which end a large tip is installed in the form of a hook or short harpoon, being able to have one or several tips. The anzuelon is arranged facing the front and joins a line or line that allows the piece to be reclined upon impact of the rod, breaking the "false" that joins the line to the rod.

CHAPTER II

Fishing arts

Section 1. Common Rules

Article 3. Fishing gear authorised in the national fishing grounds of the Canary Islands.

1. Without prejudice to the third paragraph of Article 1, the procedures authorised in the national fishing grounds of the Canary Islands shall be:

(a) Minor arts, including the following fishing gear: hooks (hand line, line or amano for high, cane, puyon, bottom longline, curricular or curricular), trap gear (nasties and drum for brunette), Hoisted gear (pandorga, güeldera or tarralla), gillage (trammel and cazonal), encirclement gear (sardinal or trainin, air chichorro or hammock and salemera) and rod of stone.

The use of minor arts will be versatile for vessels with a total length of 15 meters or less, being able to carry on board simultaneously and exercise the activity with various gears or gear of the authorized ones in this order. Boats with a total length of greater than 15 meters will have a limitation to the alternation between ring gears, rods, tunas and longlines, being able to carry on board one of these types of gear and/or tackle to the day, communicating it in advance and/or by sending a responsible declaration to the Functional Area of Agriculture and Fisheries of the Government Delegation in the Canary Islands, which may carry out any further checks deemed necessary.

(b) Canarian tuna vessels engaged exclusively in this activity. They will be able to use canes and linins with live bait for tuna and purse seines for the capture of bait.

2. The holding on board of any gear, gear or fishing gear other than those listed in this Article for each mode or of which it may be authorised by the autonomic rules is prohibited.

Article 4. Bans on fishing in the national fishing grounds of the Canary Islands.

It is prohibited:

(a) Any form of trawling, whether or not it is carried out with towed gear per vessel or is practised without a boat from the shore.

b) The practice of "jigging", consisting of a fishing mode from a vessel according to which one or more plumed lures that are recovered with rhythmic movements of the sedal are dropped freely to the bottom, while at the same time exercises synchronized action through the reed flexions to simulate a fish that runs erratically to the surface.

c) When the curricular or curricular is used, the use of depressors to allow the rigging to be weighed by the bottom is prohibited.

The prohibitions set out in paragraphs (b) and (c) shall also affect the practice of recreational fishing.

Section 2. Minor Arts

Article 5. Classification of the minor arts.

The fishing gear included in the minor gear mode may be:

a) Regional regulation: Its characteristics and rules of use will be the same throughout the fishing grounds. Included are all hooks (line, high-fishing line, cane, bottom longline and puyon), the ring gear (chinjet, traine and sardinal) and the gear of hoisting (pandorga, güeldera or tarralla).

(b) Island regulation: Its characteristics and standards of use may be adapted and have specific characteristics of each island, its characteristics being regulated in this order, if any. Included are the trap gear (nasties and drums for brunette), the gillle arts (trasmals and cazonal) and the rod of petto.

Article 6. Fishing effort exerted.

In no case may the fishing effort that is exercised through the activity of minor arts be increased, measured both in tonnage and in power.

Article 7. Maximum power and length of minor gear craft.

1. The maximum engine power of the minor gear craft shall be 350 hp. These vessels shall not exceed 18 metres in overall length, except for those listed in Annex IV.

This overall length and power will not be required for pole-and-line tuna vessels that switch from modality to minor gear.

2. New construction vessels, intended for fishing with minor gear, shall be at least 5 metres in length overall and shall have a minimum tonnage of 1,5 GT.

Section 3. Arts of encirclement

Article 8. Technical characteristics of the ring gear.

The ring gear will have the following characteristics:

a) Sardinal or trainin: It will have a minimum mesh size of 10 millimeters. Its maximum dimensions will be 350 meters in length, not including cals and cuffs, and 80 meters high.

b) Air Chinjet or hammock: It will have a minimum mesh light of 10 millimeters. Its maximum dimensions will be 125 meters of wings, 18 meters of codend and a maximum height of 100 meters.

(c) Salemera: Its total length may not be greater than 250 metres and the maximum height of 100 metres. The mesh lamp shall not be less than 70 millimetres. In the case of El Hierro the codend may have a minimum of 25 millimetres, the rest of the net being adjusted to the 70 millimetres of mesh light.

Article 9. Species authorised to fish with the purse seines.

1. Main species authorised for traine and hammock:

a) Boga (Boops boops).

b) Longoron or boqueron (Engraulis encrascolus).

c) Caballas (Scomber spp).

d) Chichros or jureles (Trachurus spp).

e) Machuelo or sardine herring (Sardinella timber).

f) Sardina of law or sardine (Sardina pilchardus).

g) Yellow sardine, alacha or Atlantic Sardinella (Sardinella aurita).

h) Palometa or palometon (Trachinotus ovatus).

j) Agujon (Tylosurus acus and Belone belone).

2. By-species authorised for trainin:

a) Melva (Auxis rochei rochei).

b) Pejerrey or anchovy (Pomatomus saltatrix).

c) Bicuda, barracuda, or espeton (Sphyraena viridensis).

d) Bonito Sierra (Sarda sarda).

e) Medregales (Seriola spp).

By means of by-catch, catches of these species shall not be more than 10% by weight of the total catch. In the case of Tenerife, and only for medregals, the percentage will be 20% by weight of the total catch.

3. Authorised principal species for salemera:

a) Salema (Sarpa salpa).

b) Galana (Oblada melanura).

c) Palometa or palometon (Trachinotus ovatus).

d) Boga (Boops boops).

In the case of the Island of El Hierro, the following main species are added:

a) Chopa (Spondyliosoma cantharus).

b) Sargo (Diplodus sargus cadenati).

c) Agujon (Tylosurus acus and Belone belone).

d) Lebrancho (Mugil cephalus).

e) Ronker (Pomadacys incits).

4. By-species authorised for salemera:

a) Jurel (Pseudocaranx dentex).

b) Chopa (Spondyliosoma cantharus), except for Iron Island.

c) Sargo (Diplodus sargus cadenati), except for Iron Island.

In the case of Tenerife, the old (Cretan Sparisoma) is added as an accessory species.

By means of by-catch, catches of these species shall not be more than 10% by weight of the total catch.

5. Species authorised to fish for use as bait (live and/or killed bait):

a) White or abichon (Atherina presbyter).

b) Boga (Boops boops).

c) Longoron or boqueron (Engraulis encrascolus).

d) Header (Scomber spp).

e) Jureles or chichros (Trachurus spp).

f) Machuelo or herring sardine (Sardinella timber).

g) Sardina of law or sardine (Sardina pilchardus).

h) Yellow Sardina, Alacha or Atlantic Sardinella (Sardinella aurita).

i) Trompeto, picuillo, or filudo (Macroamphosus scolpax).

j) cephalopod mollusc species: squid (Loligo vulgaris), octopus (Octopus vulgaris) and crashed (Sepia officinalis).

The white güelde may be authorised as live bait and as dead bait in the fisheries of surface and bottom linins throughout the archipelago, except on the island of El Hierro (surface and bottom), where it can only be used as live bait for tuna fishing with rods and lines.

Article 10. Use of the bait as live and/or dead bait, and as a goin.

1. In the course of the professional fishing activity, specimens of fishing species (cephalopod fish and molluscs) may be fished for their exclusive use as bait (live bait and/or dead bait) in the approved hooks, gear and gear, and as an ingodo to attract the fish caught.

2. 'Dead bait' means specimens of fishing species and/or shellfish species which, once caught, are kept dead, whole or fragmented, either for use as bait in the approved fishing systems or as a goorder.

3. "live bait" means that such copies are kept alive for use in fishing with the gear and gear authorised or released as a going;

4. Only the use of dead bait, such as carnada and engodo, is permitted in the following gear and gear:

a) Canas.

b) Lines.

c) Curric.

5. Only the use of live bait is permitted, as carnada and engodo, using the following devices:

a) Canas and linins for tuna.

b) Lins for bottom and surface for demersal and pelagic species other than tunidae.

c) Curric.

6. The bait, for use as live bait and dead bait and ingodo, may be captured with güeldera, traine and chinjet of air or hammock (fish), with a mesh light of at least 10 mm.

7. Vessels may not use more than one auxiliary boat for fishing tasks with artificial light on the catch of live bait or bait.

8. Live bait can be kept in cages and/or pandorgas anchorages in coastal areas and springs, provided that it complies with the conditions of use of said places in the corresponding sectoral regulations, with the authorizations required by the competent authorities for uses in such places.

Cages and pandorgas will be properly identified reflecting the ship's data (name, license plate and operating fleet code) owner of each cage or pandorga.

9. The marketing of the bait, either live or dead, is prohibited.

10. The fishing activity of live bait is exempted from the rules governing the fishing effort, as well as the compliance with the minimum sizes referred to in Royal Decree 560/1995 of 7 April 1995, for which the fishing effort is establishes the minimum sizes of certain fishing species, not being able to catch or have on board species other than live bait.

The fishing activity of dead bait is excepted from the rules that in the present order regulate the fishing effort, but not the compliance with those relating to minimum sizes referred to in Royal Decree 560/1995, of 7 of April, establishing the minimum sizes of certain fishing species, not being able to catch or have on board species other than those specific to the dead bait.

11. The fishing associations and the shipowners shall cooperate with the fishing authorities to prevent the sale of bait and the introduction of immature into the market by selling live bait. For such purposes, they shall raise documentary control of catches intended for bait and stored in their premises, being available to the inspection authorities when required.

Section 4. Trap Arts

Article 11. Technical characteristics of trap gear.

1. Fish nases: The nasties shall be at most 110 centimeters high and 390 centimeters in diameter. The mesh shall have to be degradable and the minimum mesh light of 50.8 mm. However, for small pots which do not exceed 100 centimetres in diameter and 50 cm in height, a minimum mesh light of 31.6 mm is allowed.

The maximum number of vessels authorized per vessel will be 30, however and transiently until January 1, 2019 a maximum amount of 75 nasties will be allowed on the island of Gran Canaria and 40 on the island of Lanzarote.

The minimum depth for anchoring nasties is 18 meters.

2. Brunette drums: The maximum authorised dimensions will be 60 cm in diameter and 100 cm in height. The maximum number of drums per vessel will be 25, except for El Hierro, which will be 10.

3. These technical characteristics as well as the number of pots may be revised and modified if such change is supported by scientific studies assessing the impact of these arts on both the resource and the sensitive habitats. Such studies should be submitted to the Directorate-General for Fisheries and Aquaculture Resources so that it can be made available to the Spanish Oceanography Institute for evaluation.

Article 12. Control of the nasties.

1. Only vessels which have been in the order of publication of this order for a period of at least 10 years may be engaged in fishing with nasties, giving them a period of three months from the date of entry into force of this Regulation. order, in order for each shipowner to make a responsible statement, which will be presented in the respective Fishermen's Cofradia, which will be communicated to the Directorate General of Fisheries Resources and Aquaculture.

Ships with an age of less than ten years in the use of nases that are the result of a new construction file in which a low-end vessel has been provided with which the age of at least ten years is observed in the case of the use of nasties, they will also be able to use this art.

Those who have not filed the said responsible statement within the three-month period will be prohibited from fishing with this art.

This statement will indicate:

a) Name of the ship.

b) Matriculation and operating fleet code.

c) The number of nasties you are using.

d) Dimensions of the nasties.

e) Zone and depth where you usually fish with them.

In case of loss of any Nasa by any ship, this vessel will notify the relevant Fishermen's Cofradia to notify the inspection authorities that they will be able to authorize the replacement of the Nasa. loss by another, which will also result in the presentation of another responsible statement.

2. The General Secretariat for Fisheries is hereby established the Registry of the Land of the Canary Islands, and it is mandatory for all the holders of the vessels to fish with the vessel to be registered in the same.

The record shall be made with the data resulting from the responsible statements provided for in the previous paragraph.

Registration will be updated every year before February 15 by the Directorate General of Fisheries Resources and Aquaculture.

The ships that are discharged for being provided in new construction files will be replaced in the register by the new ship, which must update the plate identification of the pots provided for in paragraph 3.

3. The nases shall be identified with a plaque containing the following information:

a) Number of operational code (CFO) and name of the vessel that operates with these handles.

b) Based on the island to which the base port of each vessel belongs, Nasa will be identified with the following acronym: TF (Tenerife), PAL (La Palma), GC (Gran Canaria), FUE (Fuerteventura), LAN (Lanzarote).

c) The individual number of each of the nasties, which shall be correlated to the maximum number of pots carried by the vessel.

4. More detailed rules for the control of the nasties may be established annually through the resolution of the General Secretariat for Maritime Fisheries, published in the "Official State Gazette".

Article 13. Restrictions for fishing with fish pots.

1. Fishing with fish pots in the outer waters of the areas below shall be prohibited:

(a) Island of Fuerteventura, without prejudice to the Fisheries Plan contained in Annex I.

b) Islands of Lanzarote and La Graciosa: it is prohibited in El Rio: zone delimited by the lines that unite Punta Pedro Barba (La Graciosa) with Punta Farions (Lanzarote) and Punta del Poor (La Graciosa) with Punta Guinate (Lanzarote).

c) Island of the Gomera.

d) Iron Island.

2. In the other areas of the fishing grounds not mentioned in this Article and within the limits of a marine reserve, the limitations on the use of nases that exist in that reserve shall be taken into account.

Section 5. Enmalle Arts

Article 14. Technical characteristics of the enmalle arts.

1. The minimum depth to heat the enmalle arts will be 25 meters, it is forbidden to close bays and calabas. In the islands of Palma and Tenerife, the draught is allowed at a minimum depth of 15 metres. The elements to anchor the art will have enough weight for the art not to derive.

2. Trammel: The minimum mesh size of the outer cloths shall be 400 mm and 82 mm in the interior cloth (measured the distance between opposite knots of the mesh, by means of the unforced passage of a gauge, the gear being used, stretched and wet).

Exceptionally, on the island of Tenerife, a minimum mesh size will be allowed on the 50 mm interior cloth exclusively for mullet fishing (Mullus surmuletus) in the months of February, March, September and October.

Each of the pieces of network that make up the art will have a maximum length of 72 meters and a maximum height of 2 meters. The maximum total length of the measured art from fist to fist may not exceed 360 meters. The maximum number of permitted wipes for each vessel shall be 5 in the case that they are heated independently.

3. Cazonal: The minimum mesh size of the cloth shall be 82 mm. Each piece shall have a maximum length of 72 meters and the maximum total length of the measured art from fist to fist may not exceed 360 meters. The maximum number of permitted wipes for each vessel shall be 5 in the case that they are heated independently.

Article 15. Zones approved for fishing with gillnets.

The practice of fishing with the gear of gillle shall be exceptional, not being able to heat this art to more than 200 meters of depth, in accordance with the provisions of Article 30.5 of Regulation (EC) No 850/1998, of the Council, of 30 March 1998, for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms.

It can only be done in the outer waters of the zones and eras that are then indicated by the concrete art that is pointed out.

1. Island of Gran Canaria. May only be heated:

a) Arguineguín area: From Punta de Maspalomas (27th 43, 49, 49, N; 15º 34, 09, W) to the beach of the Verga (27º 46, 42, 42, N; 15º 42, 48, W), at a distance of no less than 2 miles from the coast with a depth of 18 meters.

b) From Roque de Gando (28th 03, 11, N) to Punta Jinamar (28º 01, 34, N) with a depth of 18 meters.

c) Agaete Zone: From the Black Low (28º 05 to 18 N ° C; 15º 42, 33, W) to the Molino (28º 06, 59, N; 15º 42, 48, W), during the months of May to September.

2. Island of Tenerife:

a) Trasmallo: During the months of February to October in the Candelaria area between the following points: from 28º 23,960 N; 16º 20,844 W (Punta del Morro) to 28º 07,999 N; 16º 26,948 W (taught from the Abades).

b) Cazonal: In the months of October, November and December in San Andrés.

3. Isla de la Palma: Trasmallo from April 14 to October 14 all over the island except in the Fuenhorny area-from Punta del Viento to Punta del Viento-where it is forbidden all year round.

Section 6. Background Palangre

Article 16. Technical characteristics of the bottom line.

1. The maximum length of the longlines shall not exceed 2,000 metres. The maximum number of hooks in the longlines shall not exceed 500. Vessels engaged in longline fishing may have on board, at most, 1,000 hooks prepared for use, of which only 500 may be fishing simultaneously.

2. The bottom line shall be placed in accordance with the provisions of Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009, which is to be establishes a Community control system to ensure compliance with the rules of the common fisheries policy.

3. When the longline is used outside the 12-mile limit, it must be brought into line in accordance with Annex IV to that Regulation. If used within 12 miles, it must be done in accordance with Articles 11 and 12 of the same.

CHAPTER III

Regulation of catches

Article 17. Mode temporary changes.

1. The Directorate-General for Fisheries Management of the General Secretariat for Fisheries of the Ministry of Agriculture, Food and the Environment may authorise temporary changes in the form of pole-and-line tuna vessels engaged exclusively in fishing for tuna with live bait and linings (hand lines) to minor gear, in accordance with the procedures laid down in Article 3.

2. Applications shall be addressed to the Director-General of Fisheries Management of the General Secretariat of Fisheries of the Ministry of Agriculture, Food and the Environment and shall be presented at any of the places referred to in Article 38.4 of the Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, as well as electronically as provided for in Law 11/2007, of 22 June, of electronic access of citizens to public services, and shall at least reflect the name and address of the holder of the vessel; the name, registration and portfolio of the vessel; and the fishing modality requested.

3. It will be a mandatory prior and non-binding report of the Autonomous Community of the Canary Islands, which must be issued within seven days. In case of non-issuance in such a period, the actions may be continued.

4. The Director-General for Fisheries Management shall authorise, on the basis of the state of the resources or regulation needs of the fishing vessel, the temporary changes in fishing mode for periods of three months which may be extended by other means. three, always within the calendar year, by means of a decision which shall be delivered and notified to the persons concerned in accordance with the terms of Article 59 of Law No 30/1992 of 26 November 1992 within 20 days. After two months from the date on which the application has entered the register of the competent body for processing without the express resolution being notified, it may be understood to be dismissed.

5. Where the temporary authorisation involves change of base port, the same should be subject to the provisions of the regulatory rules for the establishment and change of the base port of fishing vessels.

6. The decision which recayere does not put an end to the administrative route, by virtue of Article 115 of Law No 30/1992 of 26 November 1992, before the Secretary-General of Fisheries.

Article 18. Catch caps.

For species and vessels subject to this order, it may be established, heard by the sector, catch ceilings or daily or weekly landings the quantity of which shall be determined by resolution of the Secretary-General for Fisheries.

Such stops may affect the entire fishing grounds or any particular island.

Article 19. Infringements and penalties.

Failure to comply with the provisions of this order shall be sanctioned in accordance with the provisions of Title V of Law 3/2001 of 26 March on the Maritime Fisheries of the State.

Article 20. Plan monitoring and evaluation.

For the purpose of verifying the results of the implementation of the Management Plan, five years after the implementation of the Plan of Management, the results will be analyzed from the appropriate evaluation and monitoring campaigns by the the General Secretariat for Fisheries and for timely scientific reports.

Single repeal provision. Regulatory repeal.

The following rules are repealed:

Order of 4 February 1987 extending the period for the preparation of the census of fishing gears in the waters of the Canary Islands, in accordance with Royal Decree 2200/1986 of 19 December.

Order of 20 January 1995 prohibiting the use of fish pots in a certain area of the Canary Islands.

Order of 26 March 1998 establishing certain areas reserved for certain fishing arrangements in the waters of the Canary Islands.

Order APA/2586/2002, of 11 October, regulating fishing in the "al puyon" modality in a certain area of the National Caladero de las Islas Canarias.

Order APA/677/2004, of 5 March, for the regulation of fishing with purse seines in the National Caladero de Canarias.

Order AAA/948/2013 of 22 May establishing a fishing plan with trap gear in the outer waters of the Island of Fuerteventura.

All provisions of equal or lower rank that are opposed to the provisions in this order are also repealed.

Final disposition first. Amendment of Order ARM/1683/2011 of 2 June, which regulates the files with personal data managed by the Ministry of the Environment, and the Rural and Marine Environment.

Order ARM/1683/2011, of June 2, which regulates files with personal data managed by the Ministry of Environment, and Rural and Marine Environment, is amended by introducing a new file " Register of Nasties of the Canary Islands " in Annex I, General Secretariat for Fisheries, with the following wording:

"File" Registration of the National Cale of the Canary Islands ":

a) Identification of the file, indicating its name, as well as the description of its intended purpose and uses.

a.1) Identification of the file: Registration of the National Cale of the Canary Islands.

a.2) Purpose and intended uses: Management of the approved nases for offshore fishing in the national canary fishing grounds.

(b) Origin of data, indicating the collective of persons on whom it is intended to obtain data of a personal nature or which are required to supply it, the procedure for collecting the data, and its provenance.

b.1) Collective: Natural or legal persons related to the fishing sector who operate with nasties in the national canary fishing grounds.

b.2) Provenance: the data subject or his legal representative.

c) Basic file structure and the treatment system used in your organization.

c.1) Structure: Number of approved nases and island, operating code (CFO) and name of the vessel that operates with these nases, shipowner or owner (the only identifying and related to the corresponding ownership of the corresponding vessel).

c.2) Treatment system: Automated.

d) Communications of the intended data, indicating where appropriate, the recipients or categories of recipients and applicable legislation: There are no plans.

e) International transfers to third countries, indicating, where appropriate, the countries of destination of the data: There are no plans for.

f) Bodies responsible for the file: General Secretariat for Fisheries.

g) Services or units to which the rights of access, rectification, cancellation and opposition may be exercised: General Secretariat of Fisheries. Calle Velázquez, 144. 28006 Madrid.

h) Basic, medium or high level of security that is required in accordance with the provisions of Title VIII of the RLOPD: Medium. "

Final disposition second. Minimum sizes.

For the regulation of species and minimum sizes in the fishing grounds of the Canary Islands, the provisions of Royal Decree 560/1995 of 7 April, establishing minimum sizes for certain fishing species, in particular, will be in line with the provisions of Royal Decree 560/1995. in Annex III thereto.

Final disposition third. Competence title.

This order is issued pursuant to Article 149.1.19. of the Constitution, which attributes exclusive competence to the State in the matter of Maritime Fisheries.

Final disposition fourth. Entry into force.

This order shall enter into force on 1 December 2015.

Madrid, November 30, 2015. -Minister of Agriculture, Food and Environment, Isabel García Tejerina.

ANNEX I

Fishing plan with trap gear in the outer waters of the island of Fuerteventura.

1. Scope of application.

The rules contained in this Fisheries Plan will apply to Spanish vessels fishing with trap gear in the outer waters of the National Cale of the Canary Islands located east of the island of Fuerteventura exclusively in one of the following areas:

a) Zone 1 (Morrojable): Between the parallel 28º 03 and 28º 05 N.

b) Zone 2 (Great Tarajal): Between the parallel 28º 25 N and 28º 10 N.

c) Zone 3 (Corralejo): between the parallel 28º 38 N and 28º 10 N.

d) Zone 4: Exclusively for brunette drums between the parallel 28º 43.8 Nº N, the northeast of Fuerteventura and the 28º 40.59 Nº N to the northwest of Fuerteventura (at the height of the Cotillo).

2. Gear referred to in the Fisheries Plan.

In the area defined in the preceding paragraph, fishing shall be carried out with the following gear:

a) Drums for brunette.

b) Fish pots, by special fishing permit to the effect.

In the rest of the outer waters of the island of Fuerteventura the use of any type of trap gear directed at catching fish is prohibited.

3. Vessels authorised for the exercise of fishing with fish pots.

The maximum number of vessels fishing with fish pots will be 73. The distribution of these vessels by base port will be as follows:

a) Corralejo: 27 vessels.

b) Great Tarajal: 35 vessels.

c) Morro Jable: 11 vessels.

Each year, with at least fifteen days in advance at the beginning of the fishery the Fishermen's Cofradias of the three ports mentioned must send to the Directorate General of the Fishing Management the list of the ships that they intend to carry out the fishery in order to ensure that the relevant fishing permits are issued by the management centre concerned.

4. Technical characteristics of the arts.

(a) The technical characteristics of the gear regulated by this fishing plan shall be as follows:

1. Drums for brunette: the maximum authorized dimensions will be 60 cm in diameter and 100 cm in height.

2. Nases for fish: the maximum authorized dimensions will be 200 cm in diameter and 60 cm in height. The minimum permissible mesh size shall be 31.6 mm.

(b) In any case, the meshes of which the traps are constituted must be degradable.

5. Conditions of use of the arts.

a) The drums for brunette can be primed. On the other hand, in the case of fish pots, their baiting is prohibited.

(b) The periods authorised for the exercise of fishing with the different types of trap gear, the funds authorised for use and the maximum number of traps per vessel shall be as follows:

1. Drums for brunette: Fishing with this art can be practiced exclusively in the period from September 1 to November 1. The funds authorised shall be between 5 and 20 m in depth. The maximum number of drums per vessel shall be 15.

2. Nases for fish: Fishing with this art can be practiced exclusively in the period from November 1 to April 30. The authorised funds shall be between 18 and 45 m in depth. The maximum number of pots per vessel shall be 12. However, the ships of the port of Great Tarajal will not be able to have between all more of 336 nasties.

In the event that a larger number of licensed vessels will eventually be authorized to adhere to this Plan as set out in paragraph 3, the total number of nases for all ships will remain stable at 792.

6. Minimum sizes.

Regardless of the minimum sizes laid down in the general rules, in the scope of this Fisheries Plan, it shall not be possible to capture, keep on board or market octopus with a unit weight of less than 1 kg.

7. Assessment.

The granting of the temporary fishing permits necessary for fishing under this plan shall be linked to the effective transmission of catch information from the last fishing period to the Directorate-General for Resources. Fisheries and Aquaculture, so that the latter can refer them to the Spanish Oceanography Institute so that it can make the corresponding evaluations.

This information must be submitted by 20 May of each year and shall contain the following information:

Name of the ship.

Enrollment and CFO.

Base port.

Report of the catches made in kg of live weight, specifying the captured species and the zone in which it was captured.

Depending on the results of the Spanish Oceanography Institute's assessment of the implementation of the plan, the Directorate-General for Fisheries Resources and Aquaculture could approve modifications to it.

ANNEX II

Reserved areas in El Hierro and Fuerteventura for fishing with certain gear, gear and tools

1. The areas to which fishing is restricted with certain gear, gear and gear are:

(a) The outer waters of the island of El Hierro within the polygon bounded by the following points:

a) 28º 00 ' N, 18th 15 ' W.

b) 28º 00 ' N, 17º 50 ' W.

c) 27º 30 ' N, 18th 15 ' W.

d) 27º 30 ' N, 17º 50 ' W.

(b) External waters of the island of Fuerteventura within the polygon bounded by the following points:

a) 28º 47 ' N, 14º 5.5 ' W.

b) 28º 47 ' N, 13º 38.7 ' W.

c) 28º 08 ' N, 13º 47 ', 7' W.

d) 27º 53 ' N, 14º 31.8 ' W.

e) 27º 51.9 ' N, 14º 54 ' W.

f) 28º 21.5 ' N, 14º 54 ' W.

g) 28º 23 ' N, 14º 25 ' W.

2. Gear, gear and gear authorised for fishing in the areas defined in the preceding paragraph:

a) Encircling Arts:

1. º Trainee or Sardinal (on the Island of El Hierro, only this art can be used for the capture of horse mackerel (Trachurus spp), mackerel (Scomber colias) and sardine of law (Sardina pilchardus), with a cap of 200 kg per vessel per day and for live and dead bait capture.)

2. Air Chinjet or hammock (exclusively on the Island of Fuerteventura).

3. Salemera. On the Island of Fuerteventura, exclusively for the capture of salema (Sarpa salpa) on certain dates with notice. In the island of El Hierro you can only use this art between the Caleta and the Baja Nacon for the southern part of the island, and exclusively in the months of March, April, May, September, October and November.

b) hook-up:

1. Line, Cane, or Cordel.

2. Curric.

3. º Line or Amano for High Fishing.

4. º Puyon.

c) Trampas:

1. Drum for brunette (on the island of El Hierro and with a maximum of ten per boat).

2. Pandorga, güeldera or tarralla (only for the catch of bait, the net may be metallic or wire and the minimum mesh light may not be less than 10mm).

d) Utiles: Vara for petto.

3. If any of the areas or islands defined in this Annex is included in all or part of a marine reserve, the limitations on that reserve for the fishing year for any of the gear included in that reserve shall take precedence.

ANNEX III

Exceptions regarding the use of some gear, gear and fishing gear

1. In La Palma: The use of the salemera is permitted in the months of January, February, June, July and August for those vessels expressly authorized, upon request of the fishermen's cofradia. To this end, in the second half of December and the second half of May, that cofradia will have to communicate to the dependency of the Functional Area of Agriculture and Fisheries of the Subdelegation of the Government in Santa Cruz de Tenerife the list of ships authorized for each of the periods.

2. The art of salemera is prohibited on the island of Gran Canaria.

3. The use of bottom line and trammel on the island of La Gomera is prohibited.

ANNEX IV

Minor arts boats with length greater than 18 meters

Brothers Valdivia Dos (CFO: 25878).