Eurlexa

Article 2Minimum mesh sizes1.For each of the regions or geographical areas mentioned in Annex I and depending, where applicable, on the period and engine power, it is prohibited to use any trawl, Danish seine or similar towed net unless its mesh size in that part of the net having the smallest meshes is equal to, or greater than, one of the minimum mesh sizes listed in that Annex, hereinafter known as "the reference minimum mesh size", and unless the catch taken with that net and retained on board includes:a percentage of authorized target species equal to or greater than that specified in Annex I,a percentage of protected species which does not exceed that specified in Annex I,for the reference minimum mesh size.Notwithstanding the first subparagraph, the minimum percentage of target species may be obtained by aggregating the quantities of all the target species caught, provided that:they are target species for which the maximum percentage of protected species is 10 %,they are target species for which the reference minimum mesh size is the same as, or less than, the mesh of the net in use,the total percentage for all protected species combined as a proportion of the total weight of all the target species combined does not exceed 10 %.For the purpose of this Regulation, protected species are defined as those species for which a minimum size has been laid down in Annex II, or which are identified by an asterisk in that Annex for the Region concerned.The provisions of this paragraph shall be without prejudice to the specific provisions laid down in paragraphs 2 to 9.2.Dredges are exempted from the provisions of paragraph 1. However, it shall be prohibited to have on board or to land more than 10 % of protected species when fishing with dredges.3.The percentages referred to in Annex I shall be calculated as the proportion by weight of all fish, crustaceans and molluscs on board after sorting or on landing, taking into account any quantities which have been transhipped.Notwithstanding the first subparagraph, when fishing for sand-eel with nets having mesh sizes smaller than 16 mm, the percentage may be measured before sorting. This provision shall not apply in the Skagerrak and Kattegat.The percentages may be calculated on the basis of one or more representative samples. Rules for sampling may be drawn up in accordance with the procedure laid down in Article 18.4.Sorting shall be carried out immediately after hauling. Catches of protected species which exceed the percentages laid down in Annex I shall be discarded immediately into the sea.5.If catches have been made during the same voyage using different nets with different mesh sizes, or in different regions, geographical areas or under additional different conditions (such as different periods of time), and if these different fishing conditions imply a change in the reference minimum mesh sizes (with corresponding percentages) as listed in Annex I, the percentages shall be calculated for each part of the catch taken under each different condition.All catches shall be deemed to have been taken with the net on board having the smallest mesh size unless the log-book, kept in accordance with Article 6 of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policyOJ No L 261, 20. 10. 1993, p. 1. Regulation as last amended by Regulation (EEC) No 2870/95 (OJ No L 301, 14. 12. 1995, p. 1)., and with the rules laid down in implementation of that Article, shows otherwise.6.Catches shall be estimated as live weight.For the purpose of this Article, the equivalent weight of whole Norway lobster shall be obtained by multiplying the weight of Norway lobster tails by three.7.Nets with mesh sizes smaller than the mesh size of the net in use in conformity with paragraph 1 shall not be kept on board unless they are properly lashed and stowed in such a way that they may not be readily used. Specific rules concerning stowage of gear may be drawn up in accordance with the procedure laid down in Article 18.8.Engine power shall be defined as the total maximum continuous power which can be obtained at the flywheel of each engine and which can, by mechanical, electrical, hydraulic or other means, be applied to vessel propulsion. However, where a gearbox is incorporated into the engine, the power shall be measured at the gearbox output flange.No deduction shall be made in respect of auxiliary machines driven by the engine.The unit in which engine power is expressed shall be the kilowatt (kW).The continuous engine power shall be determined in accordance with the requirements adopted by the International Organization for Standardization in its recommended International Standard ISO 3046/1, second edition, October 1981.The amendments necessary for adapting the requirements, provided for in the fourth subparagraph, to technical progress shall be adopted in accordance with the procedure laid down in Article 18.9.It shall be prohibited to have on board or to use any trawl, Danish seine or similar towed net of which the minimum mesh size is equal to or greater than 90 mm having more than 100 meshes in the circumference at least of the cod-end sensu stricto, excluding the joinings and selvedges.Any trawl, Danish seine or similar towed net of which the mesh size is equal to or greater than 100 mm may be equipped, in the upper part of the cod-end, with a section (panel or window) of square-meshed netting attached to the joinings or selvedges, having a mesh size equal to or greater than 90 mm."Square-meshed netting" shall mean netting which is mounted so that the two AB directions of the meshes forming the panel are, in one direction, parallel to the longitudinal axis of the cod-end sensu stricto and, in the other direction, at right angles to its longitudinal axis. The AB direction is the direction parallel to a rectilinear sequence of mesh bars, each from adjacent meshes.10.(a)Bottom set gillnets, entangling nets and trammel nets with mesh sizes which do not correspond to any of the categories set out in Annexes V or VI shall be prohibited and may not be kept on board fishing vessels. In the case of trammel nets, the mesh size referred to in this Regulation is that of the piece of net with the smallest mesh size.(b)When catches are made in Regions 1 and/or 2 by fishing vessels using bottom set gillnets, entangling nets and/or trammel nets with sizes corresponding to one of the categories set out in Annex V, the percentage of quantities retained on board expressed in live weight, for one or any combination of species or groups of species mentioned in the corresponding mesh size category, may not be less than 70 %.(c)When catches have been made in Region 3 by fishing vessels using bottom set gillnets, entangling nets and/or trammel nets with mesh sizes corresponding to one of the categories set out in Annex VI, the percentage of quantities retained on board expressed in live weight, for one or any combination of species or groups of species mentioned in the corresponding mesh size category, may not be less than 70 %.(d)For the purposes of this Regulation, the following definitions apply:(i)"bottom set gillnets or entangling nets":are any gear made up of a single piece of net, fixed by any means to the bottom;(ii)"trammel nets"are any gear made up of two or more pieces of net hung jointly in parallel on a single headline, fixed by any means to the bottom of the sea.(e)Letters (a), (b), (c ) and (d) shall not apply to catches of salmonidae and agnatha.Detailed rules for the application of this paragraph, including the measurement of mesh size, shall be adopted in accordance with the procedure laid down in Article 18, no later than 31 December 1997.

Article 3Determination of mesh sizeThe technical rules for the determination of mesh size shall be drawn up in accordance with the procedure referred to in Article 18.

Article 4Attachments to netsNo device shall be used by means of which the mesh in any part of the fishing net is obstructed or otherwise effectively diminished.This provision shall not exclude the use of certain devices, a list and technical descriptions of which shall be drawn up in accordance with the procedure referred to in Article 18.

Council Regulation (EC) No 894/97 of 29 April 1997 laying down certain technical measures for the conservation of fishery resources