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Document 02019R2201-20210916
Commission Delegated Regulation (EU) 2019/2201 of 1 October 2019 supplementing Regulation (EU) 2019/1241 of the European Parliament and of the Council with detailed rules for the implementation of real-time closures for Northern prawn fisheries in the Skagerrak
Consolidated text: Commission Delegated Regulation (EU) 2019/2201 of 1 October 2019 supplementing Regulation (EU) 2019/1241 of the European Parliament and of the Council with detailed rules for the implementation of real-time closures for Northern prawn fisheries in the Skagerrak
Commission Delegated Regulation (EU) 2019/2201 of 1 October 2019 supplementing Regulation (EU) 2019/1241 of the European Parliament and of the Council with detailed rules for the implementation of real-time closures for Northern prawn fisheries in the Skagerrak
02019R2201 — EN — 16.09.2021 — 001.001
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COMMISSION DELEGATED REGULATION (EU) 2019/2201 of 1 October 2019 (OJ L 332 23.12.2019, p. 3) |
Amended by:
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COMMISSION DELEGATED REGULATION (EU) 2021/1473 of 30 June 2021 |
L 325 |
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15.9.2021 |
COMMISSION DELEGATED REGULATION (EU) 2019/2201
of 1 October 2019
supplementing Regulation (EU) 2019/1241 of the European Parliament and of the Council with detailed rules for the implementation of real-time closures for Northern prawn fisheries in the Skagerrak
Article 1
Subject matter
This Regulation establishes detailed rules for the implementation of real-time closures of fisheries in the Skagerrak for the protection of juveniles of Northern prawn (Pandalus borealis).
Article 2
Definitions
For the purpose of this Regulation, the following definitions shall apply:
‘Skagerrak’ means the area bounded on the west by a line drawn from the Hanstholm lighthouse to the Lindesnes lighthouse and on the south by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from this point to the nearest point on the Swedish coast;
‘haul’ means the activity between the deployment and retrieval of a net.
‘Joint Deployment Plan’ means a plan specified under a Specific Control and Inspection Programme established pursuant to Article 95 of Regulation (EC) No 1224/2009.
‘Juveniles of Northern Prawn’ means-specimens of Northern prawn (Pandalus borealis) smaller than 14,8 mm carapace length. Carapace length shall be measured as the length of the carapace, parallel to the midline, from the back of either eye socket to the distal edge of the carapace.
‘Nordmøre grid’ is a selectivity device inserted in a trawl which consists of an inclined grid with an escape exit. The device allows the passage of shrimp or Nephrops whilst excluding unwanted by-catches of fish by guiding them out of the escape exit.
Article 3
Catch trigger level
The catch trigger level which initiates real-time closures of fisheries under this Regulation shall be 20 % by number of juveniles of Northern prawn compared to the overall number of Northern prawn, in a sample.
Article 4
Inspections
Article 5
Trigger level notifications
Article 6
Closure of fisheries
Article 7
Geographical extent of the closed area
The geographical boundaries of a closed area shall be established on the basis of the following criteria:
The area definition shall take into account, in particular, the haul trajectories that led to the closure decision, the depth curves, the catch composition and the fishing activity;
The closed area shall not exceed 50 square nautical miles.
Article 8
Duration of the real time closure
Article 9
Neighbouring coastal states
Article 10
Information
After deciding a real time closure in accordance with Article 6, the coastal Member State shall without delay:
post a notification of the real time closure on its website including a map, coordinates and the underlying sampling report(s), and
inform vessels in the vicinity of the closed area to the extent possible, and
inform, by means of electronic notification, the Directorate of Fisheries in Norway, the Commission and the Fisheries Monitoring Centres in relevant Member States and third countries whose fishing vessels are authorised to operate in the area concerned. The notification shall contain information on the date and time when the closure enters into force, the coordinates delimiting the closure and the relevant web address containing additional information.
Article 11
Demersal trawlers with Nordmøre grids
Without prejudice to Article 7 of Regulation (EU) No 724/2010, demersal trawlers utilising the following gears are exempt from the prohibition on fishing emanating from the fulfilment of the conditions stipulated in that provision:
Article 12
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2020.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
SAMPLING METHODOLOGY
Samples shall be taken and measured in accordance with following provisions.
1. Whenever possible, samples shall be taken and measured in close cooperation with the master of the fishing vessel and his crew. The master of the fishing vessel and his crew shall be encouraged to participate in the process. They shall also be encouraged to share any information that could be relevant with respect to the delimitation of a closed area.
2. The total catch in the haul shall be used as the basis for the catch composition estimation.
3. A sample shall be taken in accordance with following procedure:
The sample shall be taken in such a way that it reflects the catch composition of Northern prawn in the haul. To achieve that, the skipper, or a person he designates, shall assist when the sample is taken;
The minimum size of the sample shall be 1 kg or 2 litres of Northern prawn.
4. The quantity of juveniles of Northern prawn shall be calculated as a percentage of the total number of Northern prawn in the sample.
5. The sampling report form, presented in Annex II shall be duly completed immediately after the sample has been measured.
ANNEX II
REAL-TIME CLOSURES – SAMPLING REPORT TO THE COASTAL STATE |
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Northern prawn in relation to juveniles of Northern prawn () |
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Inspection/observation details |
Inspection platform |
Inspector/observer name |
Inspector/observer name |
Date and time (2) of inspection/observation |
Position (3) of inspection/observation |
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Fishing vessel details |
Name |
Call sign |
Registration number |
Flag state |
Type of gear Single/Double |
Mesh size mm |
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Selection measures |
Grid (for sorting out Pandalus) |
Grid, mm |
Other |
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Collection bag |
Mesh size in collection bag |
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Fishing operation details |
Start |
Date and time (2) |
Position (3) |
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Stop |
Date and time (2) |
Position (3) |
Duration of fishing operation (4) |
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Catch details |
Estimated total catch in the haul (kg) |
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Estimated Northern prawn catch in the haul (kg) |
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Size of Northern prawn sample (kg/litre) |
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Total number of Northern prawn in sample |
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Number of juveniles of Northern prawn in sample |
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% of juveniles of Northern prawn (number of juveniles of Northern prawn/total number) |
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Observations and additional information |
Additional information from other sources, e.g. received from master. |
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Inspector Signature |
Not required if completed electronically and transmitted to coastal state by email |
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(1)
The term ‘Juveniles of Northern prawn’ as defined in this Regulation corresponds to the terms ‘Pandalus under trigger level’, ‘Pandalus below the trigger size’ and ‘Pandalus under the RTC trigger size’, as defined in the Agreed Record of the Consultations between the European Union and Norway of 6 September 2018.
(2)
dd/mm/yy hh mm (local time 24 hours).
(3)
e.g. 56°24′ N 01° 30′ E.
(4)
hh mm. |
ANNEX III
SELECTIVE GRID IN THE FISHERY FOR NORTHERN PRAWN TO BE ALLOWED IN THE CLOSED AREA
Bottom trawl with a mesh size in the extension piece and codend of at least 35 mm, equipped with a sorting grid with a maximum bar spacing of 19 mm in the upper part of the grid and a minimum bar spacing of 9,5 mm in the lower part of the grid. Behind the lower part of the grid is an unblocked outlet to the seafloor. Mesh size of at least 35 mm applies posterior to the sorting grid.