Scottish Government Conservation Credits Scheme
Scheme Rules
Version 5.0 (2 April 2014)
Contents
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Purpose and revision
Status
Eligibility to apply to carry regulated gears
Application to carry regulated gears: 12 month management periods
Carriage of regulated gears of one category
Allocation of basic days at sea
Conditions of basic days at sea allocation
Allocation of additional days at sea (Conservation Credits ‘buy backs’)
Transfer of days at sea
Recording of time at sea: time at sea not counting against vessels’ allocations and
consumption of vessel allocations
Penalties
Annexes
A
B
C
D
E
F
G
H
Flat rate and buy back allocations of days at sea. Net measurements.
Definition of ‘Farn Deeps’, ‘Moray Firth Prawn Agreement Area’ and ‘Rockall’.
Definitions of specified selective gears
Co-ordinates of ‘deep water line’
Vessels exempted in terms of Article 11 of 1342/2008
Days at Sea arrangements for ‘parked licences’
Real Time Closures (RTCs)
Penalties
Access to Sea Fisheries Team
Marine Scotland: Fisheries Division
1-B South
Victoria Quay
EDINBURGH
EH6 6QQ
daysatseateam@scotland.gsi.gov.uk or AccesstoSeaFisheries@scotland.gsi.gov.uk
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1. Purpose and revision
1.1
These rules inform interested persons how the Scottish Government administers the
days at sea regime for eligible fishing vessels absent from port carrying regulated gears in
the Cod Recovery Zone (CRZ). It seeks to provide a consolidated guide to the matters and
arrangements most relevant to the operation of this regime.
1.2
These rules have been prepared by the Scottish Government in consultation with the
Fisheries Management and Conservation (FMAC) Group. Where it appears that there is a
need for revision, this will done in consultation with FMAC and a new version of the rules will
be issued. New versions will be sent to skippers or their appointed representative and other
interested persons.
1.3
The rules do not attempt to provide a definition for every term used, nor a full
background to the history or reasons for particular rules or arrangements. They are intended
to be a practical guide to the day to day management of the Scheme and the activities of
relevant vessels. The meaning of many terms is well understood and it is assumed that
readers will be familiar with the main features of statutory and other arrangements for sea
fishing. In addition, many terms used here are already defined in EU and/or domestic
regulations and to repeat those definitions would make these rules overly long. Where
necessary, reference is made to regulations and other instruments.
2. Status
2.1
The rules describe the manner in which the Scottish Government proposes to fulfil its
functions in administering the days at sea regime for relevant vessels. These rules still
require to be read along with the relevant provisions of EU and domestic law. The rules must
in no way be construed as derogating from statutory regulatory requirements which must be
seen as additional to any Scheme rules.
3. Eligibility to carry regulated gears
3.1
The regulated gears
EC Regulation 1342/2008.
are
the
gear
groupings
described
in
Annex I
to
3.2
Vessels will be eligible to apply for an allocation of days at sea with a gear category
where they have a record of fishing with the category in any part of the CRZ for not less than
10 days (240 hours) at any time during the calendar years 2004-2010.
3.3
Vessels will also be eligible to carry categories of regulated gears where they are
licensed with licences that licensed vessels that were active in terms of paragraph 3.2. A
vessel eligible in this fashion must be fully licensed (in terms of kW capacity) by such
licences and, in order to enjoy TR1 eligibility, it must be fully licensed with licences that
licensed TR1 active vessels in the 2004-2010 reference period.
3.4
By way of exception, in licensing transactions involving the aggregation of AFL7 and
AFL19 entitlements, it is permitted to ‘cover’ the 5 per cent kW lost, as a consequence of
licence aggregation penalties, from the AFL7 with kW with a portion of an AFL19 entitlement
that has no or a lower level of CRZ eligibility and still retain the level of eligibility of the main
base entitlement (AFL7). Aggregation penalties are currently under consideration as part of
the Scottish Licensing Review consultation.
3.5
Vessels eligible to apply to carry gear category TR1 (whitefish gear) may apply to
carry any category of regulated gear. Vessels eligible to carry one of the ‘static gears’ (Gill
Nets, Trammel Nets and Long lines) may apply to carry any of them.
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4. Application to carry regulated gears: 12 month management periods
4.1
Management periods will be for 12 months, commencing on 1 February.
4.2
The master of a vessel or their representative must apply (on a valid Marine Scotland
form) for an allocation of days at sea by 17:00 on 30 April in the 2014-15 effort management
year. Applications must be submitted to the Marine Scotland Fishery Office in the port of
administration of the vessel.
4.3
Applications received after the closing date will be returned to the owners and not
processed.
4.4
Vessels that form part of a ‘pair team’ must notify Marine Scotland of this fact in their
application.
5. Carriage of regulated gears of one category
5.1
Vessels may carry on board regulated gears of one category only. Vessels will be
subject to inspection at sea and in port to confirm compliance with this rule. Annex H
prescribes a penalty for non-compliance.
6. Allocation of basic days at sea
6.1
Marine Scotland will determine allocations.
6.2
Marine Scotland will issue letters to eligible applicants that specify an allocation of
days. These letters constitute a fishing authorisation to carry the specified regulated gears in
the CRZ and should be carried on board at all times when absent from port and in the CRZ
carrying regulated gears. The Scottish Ministers may vary, suspend or revoke a fishing
authorisation at any time. The process set out in the Sea Fishing (Licences and Notices)
(Scotland) Regulations 2011 (SSI 2011/70) will apply for the purpose of giving effect to any
such variation, suspension or revocation as it applies for the purposes of those Regulations.
6.3
Marine Scotland will issue fishing authorisations to eligible licensed fishing vessels
whose port of administration is in Scotland as at 1 February. Allocations of days will be made
in respect of vessels. Where a vessel receives an allocation of days at sea from
Marine Scotland and then, during the effort management year, moves to another
UK Administration, under the terms of the Concordat between UK Fisheries Administrations,
Marine Scotland will continue to honour the allocation so awarded (and the vessel will
continue to be bound by the Scheme Rules) for the remainder of the effort management
year. Equivalent rules will be applied by other UK Fisheries Administrations.
6.4
Allocations of days will not be made to licence entitlements not presently licensing an
active vessel. Allocations will, however, be made to holders of Scottish Government ‘Licence
Parking Entitlements’ and entitlements generated by the Fleet Resilience Grant Scheme.
Arrangements for such allocations, and other matters connected to the licence parking
scheme, are described in Annex F.
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Flat rate or track record allocations
6.5
Eligible applicants will receive:
i.
In relation to applications for gear category TR1, a basic ‘track record’ allocation
based on 56 per cent of the average annual kilowatt days fishing effort expended
within the CRZ (excluding that part of ICES Area VIa to the west of the ‘French Line’)
in the calendar years 2004, 2005 and 2006. Where the ‘track record’ allocation that
will be available to the applicant is less than the ‘flat rate’ allocation available, the
applicant will receive the ‘flat rate’ allocation. The ‘flat rate’ is shown at Annex A.
ii.
In relation to applications for gear category TR2, there will be separate basic
allocations for use in the North Sea, the West of Scotland and in the Irish Sea:
West of Scotland TR2 allocation
a) Eligible vessels administered at a port adjacent to the West of Scotland
on 1 February 2014 will receive an allocation equivalent to 100% of their
average annual hours at sea in the West of Scotland between 2009 and
2011, with a minimum of 130 days at sea.
b) Eligible vessels administered at a port adjacent to the North Sea on
1 February 2014 will receive a West of Scotland allocation equivalent to
100% of their average annual hours at sea in the West of Scotland
between 2009 and 2011.
North Sea TR2 allocation
c) Eligible vessels administered at a port adjacent to the North Sea on
1 February 2014 will receive an allocation equivalent to 110% of their
average annual hours at sea in the North Sea between 2009 and 2011,
with a minimum of 130 days at sea.
d) Eligible vessels administered at a port adjacent to the West of Scotland
on 1 February 2014 will receive a North Sea allocation equivalent to 100%
of their average annual hours at sea in the North Sea between 2009 and
2011.
e) Eligible vessels may also apply for an alternative North Sea TR2
allocation that authorises fishing in specified parts of ICES Area IVa
without the use of Highly Selective Gears, see map at Annex B. Vessels
applying for this allocation will receive an allocation equivalent to 85% of
their average annual hours at sea in the North Sea between 2009 and
2011, with a minimum of 85 days at sea for vessels administered at a port
adjacent to the North Sea on 1 February 2014. The conditions associated
with this allocation are explained at section 7.5 below. Vessels receiving
this type of allocation are subject to additional controls on transfers of
days at sea, which are explained at section 9.3 below.
Irish Sea TR2 allocation
f)
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Eligible vessels will receive an allocation equivalent to 100% of their
average annual hours at sea in the Irish Sea between 2009 and 2011.
4
Vessels will receive an allocation that specifies the number of days that they
may use in each area.
Additional outside ICES Area IVa option
g) Eligible vessels willing to fish exclusively outside ICES Area IVa
throughout all of the effort management year will receive a
non-transferable allocation of a flat rate of 200 days.
iii.
In relation to applications that include gear categories other than TR1 or TR2, a flat
rate allocation will be made, shown at Annex A.
6.6
Marine Scotland will publish indicative rates for ‘flat rate’ allocations in advance of the
closing date for applications, but reserves the right to vary these rates in light of applications
received.
6.7
An applicant may apply to Marine Scotland to aggregate with its track record the
2004-06 track records of vessels whose licence(s) (or part thereof) now license the vessel
making the application.
6.8
Where a vessel makes an eligible application for more than one category of gear it
will receive a separate allocation for each gear category. In relation to gear categories where
Marine Scotland determines that it should receive a flat rate allocation, its allocation of days
will be the flat rate for that category divided by the number of gears for which the vessel has
made an application. In relation to gear categories where Marine Scotland determines that it
should receive a track record allocation, its allocation of days will be determined in the
fashion described at paragraphs 6.5i and ii above. Allocations may be area and/or gear
specific.
Fully Documented Fishery (FDF)
6.9
Vessels that make a successful application to participate in a Scottish Government
FDF scheme will receive a TR1 and/or TR2 basic allocation that is no less than 100 per cent
of the 2004-06 TR1 track record and/or the greater of 100% of their 2009-11 TR2 track
record or 200 days, on the same basis as at paragraph 6.5i and ii above. Where a vessel’s
track record in the 2004-06 or 2009-11 period is not representative of its present fishing
pattern, Marine Scotland will determine an appropriate allocation in consultation with the
representatives of the vessel. Participating vessels will submit an application for days at sea
and will be bound by the terms of the Scheme rules, including all penalties (see Annex H),
as well as the terms of the FDF scheme.
7. Conditions of basic days at sea allocation
7.1
In addition to the Scheme rules specified, allocations of days at sea are subject to
mandatory conditions.
7.2
Vessels must comply, where stated, with all Scottish Government Real Time
Closures (RTCs) and seasonal closures; and, with any equivalent measures imposed by
other UK Fisheries Administrations. Arrangements for RTCs are described in Annex G.
Seasonal closures in force are described on the Scottish Government website:
http://www.scotland.gov.uk/Topics/marine/Sea-Fisheries/Regulation/closures/closed
http://www.scotland.gov.uk/Topics/marine/Sea-Fisheries/Regulation/closures/Seasonalclosedareas
http://marinemanagement.org.uk/fisheries/monitoring/closures_current.htm
http://marinemanagement.org.uk/fisheries/monitoring/closures_seasonal.htm
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7.3
Vessels carrying gear category TR2 must:
i.
Fish exclusively with any of the TR2 highly selective fishing gears specified in
Annex C while present in ICES Area IVa (with the exception of the area of the ‘Moray
Firth Prawn Agreement Area’); and,
ii.
While fishing in any other part of the CRZ, may not be absent from port carrying gear
category TR2 without having installed in its gear a 200mm SMP. The SMP must be
no further than 12-15m from the cod line (i.e. the rearmost row of meshes of the SMP
shall be no more than 12m from the cod line). For vessels with engine capacity of
112kW or less, the SMP may be 160mm instead of 200mm and the length of the
SMP may be 2m and not 3m. Vessels will also comply with statutory requirements in
relation to the installation of SMPs.
The two areas noted in 7.3.i above are defined in Annex B.
7.4
TR2 highly selective gear must be inspected and tagged by Fishery Officers. There is
no requirement for gear that has been tagged to be rechecked and retagged in 2014-15,
although vessels should note that any gear that has been altered or changed must be
checked and tagged before sailing. Vessels may use any of the TR2 gears specified in
Annex C. They may carry more than one type on board during fishing trips, as long as each
such gear has been inspected and tagged. These vessels will also comply with statutory
requirements in relation to the installation of SMPs.
7.5
By way of exception to 7.3 above, vessels receiving the allocation referred to in
section 6.5.ii.e above will be subject to the following conditions:
i.
Vessels will be permitted to fish within ICES Area IVa while subject only to the
condition that they must have installed in their gear a SMP (in terms 7.3.ii above),
and not while fishing exclusively with specified Highly Selective Gear; but,
ii.
May not carry regulated gear category TR2 north or east of the of the line created by
sequentially joining the following co-ordinates:
1. 59.0000N
2. 59.0000N
3. 58.0000N
4. 58.0000N
004.0000W
000.0000W
000.0000W
EU/Norway Meridian
7.6
Any requirements here in relation to the installation of specified selective and highly
selective gears for vessels exempt from the effort regime under Article 11 of the Cod
Recovery Plan are explained at Annex E.
7.7
Vessels may not conduct TR2 fishing operations that include catches in ICES
Area IV and VI. If a vessel does this, both its North Sea and West of Scotland allocation will
be reduced by the total duration of the voyage.
7.8
TR1 gear may be deployed in ICES VIa inside the French Line only insofar as:
Fishing activity takes places wholly in ICES Statistical Rectangle 47 E5 and/or in the area
south of 59 degrees latitude (see paragraph 10.13 below); or,
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i.
Fishing activity is conducted exclusively with the use of one of the Conservation
Credits Level 3 (or above) TR1 selective gear options as detailed in Annex A and
specified in Annex C; or,
ii.
Fishing activity is conducted exclusively where one of the Conservation Credits
TR2 Highly Selective Gears that are specified in Annex C are combined with a TR1
mesh size cod end. Vessels will be aware that fishing with a TR1 cod end of less
than 120mm in ICES Area VIa (inside the French line) will require the vessel to retain
>30% Nephrops.
7.9
Vessels will be expected, on receipt of a reasonable request, to carry an observer.
8. Allocation of additional days at sea (Conservation Credits ‘buy backs’)
8.1
Vessels notifying gear category TR1 will receive an allocation of days at sea in
addition to the basic allocation if they agree to undertake during the management period
specified additional conservation measures.
8.2
Vessels applying for gear category TR1 that had landings of cod that constituted less
than 2.5 per cent of their total landings by weight in each of the two preceding effort
management years (where vessels undertook fishing in only one year, in that year) may
apply for a supplementary allocation for catching less than 5 per cent cod. Vessels making a
successful application for a supplementary allocation may not apply for any other buy back
option.
8.3
Additional measures are optional and involve vessels fishing exclusively with
specified selective gears. Section 10 explains separately options that vessels may take to
ensure that their time at sea does not count against their allocation; or, where their allocation
is consumed by an amount less than their actual time at sea.
Specified selective gears
8.4
Vessels that fish exclusively with a specified selective gear will receive additional
days at sea. Each of the specified selective gears is defined in Annex C. Where vessels
undertake to fish exclusively with a specified selective gear, they must carry only that gear
during any fishing trip that includes activity inside the deep water line/French line (noted in
Section 10 below) in the CRZ. Vessels may carry a gear of a different specification only
during trips where they fish exclusively outside the CRZ or beyond the deep water line, and
notify their intention to do so (in terms of paragraph 10.3 below).
Amount of buy back
8.5
The number (or track record percentage) of additional days that will be allocated in
relation to TR1 buy backs is shown at Annex A. Where vessels receive an allocation for
more than one gear category, ‘flat rate’ buy back allocations will be adjusted in the same
fashion as is described in paragraph 6.8 above.
8.6
Where a vessel volunteers to fish exclusively with a specified selective gear, it will
receive an appropriate additional allocation. Vessels must make arrangements for their
specified selective gear to be inspected by Fishery Officers in their port of administration.
Fishery Officers will confirm whether or not the gear conforms to the specification in the
Scheme rules. Where the gear is found not to comply with the Scheme rules, additional days
allocated to the vessel will be deducted from the vessel’s balance.
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8.7
Where two vessels that form a ‘pair team’ wish to take up one of the selective gear
options, then both vessels must sign up.
8.8
Where a vessel (having had an additional allocation) thereafter wishes to make an
amended application that does not include buy backs it may do so its allocation will be
rescinded and replaced with the allocation it would have received had it not applied for the
buy back option. Where a vessel wishes to take up a selective gear option after the closing
date for applications for basic allocations, it may do so and, if approved, will receive an
additional allocation pro-rata to the number of months remaining in the Scheme year from
the beginning of the month following the date of the application. This will also apply to
vessels that wish to change their buy back option throughout the year.
9. Transfers of days at sea
9.1
There are controls on transfers of days at sea. The vessels noted below may not
transfer out any days from their allocation:
i.
ii.
iii.
Vessels that participate in Fully Documented Fisheries;
Vessels that have received days as part of a licence parking transaction; and,
Vessel that receive the additional outside ICES Area IVa TR2 allocation in terms of
section 6.5.ii.g.
9.2
Vessels with a TR1 allocation may transfer out any number of days from their basic
allocation. Up to 15 per cent of basic TR2 allocations may be transferred out. Vessels with
allocations for other categories of gear may transfer out up to 30 per cent of their basic
allocation.
9.3
By way of exception to 9.2, a vessel that receives the North Sea TR2 allocation in
terms of section 6.5.ii.e is subject to additional controls on transfers. Insofar as transfers of
North Sea TR2 days are permitted, any number of kW days transferred to a vessel receiving
an allocation of this type from a vessel receiving another type of TR2 allocation will be
subject to an adjustment (in addition to which caters for respective kW capacity) such that
the incoming days at sea are multiplied by a factor of 0.3.
9.4
Vessels may not transfer out any days awarded in respect of the take up of
Conservation Credits buy back options.
9.5
Vessels may transfer in days of any gear category and may transfer out any days
previously transferred. This rule does not apply to vessels that are restricted from
transferring by paragraphs 9.1i, ii, iii and 9.3 above.
9.6
Where a transfer takes place, the number of days received by the recipient will be
adjusted in proportion to the comparative fishing capacity (measured in engine power) of the
vessels involved.
9.7
Vessels that are ineligible to apply to carry regulated gears in terms of section 3 may
nonetheless transfer in days from eligible vessels. The transfer in of days by an ineligible
vessel does not, however, confer any eligibility on the recipient.
9.8
Transfers must, in the first instance be sought within Scotland. Thereafter, transfers
of days at sea that involve vessels administered by another UK Fisheries Administration (FA)
will be subject to exceptional controls. A vessel administered by Marine Scotland that wishes
to apply to transfer days at sea to a vessel administered by another UK FA must make that
application to Marine Scotland. A vessel seeking to transfer in days from a vessel
administered by another UK FA must first seek confirmation from Marine Scotland that the
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proposed transfer conforms to the Conservation Credits Scheme rules and any exceptional
controls imposed on inter-FA transfers. Marine Scotland will not automatically credit the
account of a vessel that transfers in days from a vessel administered by another UK FA. Any
further exceptional arrangements applying to inter-FA transfers will be communicated to
members of FMAC.
10. Recording of time at sea: time at sea not counting against vessels’ allocations and
consumption of vessel allocations
10.1
Days at sea will be administered in hours.
10.2 Allocations will be reduced while vessels are absent from port in the Cod Recovery
Zone carrying regulated gears.
10.3 A fishing trip will commence from the time a vessel records in its log book the
commencement of a trip inside the CRZ. A trip will be concluded when a vessel makes a
landing or part landing, recording the landing in its log book; or, where a vessel enters a port.
10.4 Vessels in excess of 12m length must record an electronic logbook entry to port with
the submission of a ‘Return to Port’ (RTP) message.
10.5


Vessels may, however, send an RTP message prior to entering port, provided that:
the vessel is within a reasonable distance of the actual harbour at the RTP time
given; and,
the reason given for the early RTP transmission and early return time is entered in
the comments section of the electronic logbook.
10.6 Marine Scotland Compliance will use a combination of VMS, tidal and other data to
verify the RTP messages submitted meet these conditions. Where vessels are found to be in
contravention of this protocol, their entire time at sea, as verified through VMS etc., will be
counted against their allocation.
10.7 Vessels in the 10-12m range record entry to port by recording that activity in the
logbook, and by making either a call to the UK Fisheries Call Centre on 0131 271 9700 or by
sending an email to ukfcc@scotland.gsi.gov.uk. The vessel must also notify its departure
from port, at which point the voyage will re-commence.
10.8 Vessels will be aware that their presence in port can be verified by means of VMS
and other methods.
Transiting the CRZ/fishing beyond the ‘deep water line’
10.9 Time at sea in the CRZ will not reduce the vessel’s allocation where the vessel is in
transit to fish exclusively outside the zone, or exclusively beyond the ‘deep water line’
(described at Annex D) where the vessel carries on board appropriate VMS that allows their
position to be tracked and has installed a functioning electronic log book. Vessels wishing to
transit in this way must record this activity in its logbook, call the UK Fisheries Call Centre on
0131 271 9700, by fax on 0131 244 6471 or by email to ukfcc@scotland.gsi.gov.uk prior to
departure from port. All on board fishing gear must be lashed and stowed during the period
of transit.
10.10 Transit voyages with fish on board between designated landing ports will not
reduce the vessel’s allocation, provided ‘transiting’ is clearly recorded in the logbook as the
reason for departure, all on board fishing gear is lashed and stowed during the period of
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transit and their fish is made available for inspection on arrival at their final destination.
There is no longer a requirement for skippers to notify the UK Fisheries Call Centre.
10.11 Skippers should note that if they notify an intention to transit, fish outside the CRZ or
beyond the deep water line and then fish inside the CRZ or – where applicable – within the
deep water line, all of their time at sea within the CRZ, including that spent transiting the
zone on the outward journey, will be deducted from their allocation.
10.12 Where vessels take advantage of the arrangements described in this section to fish
exclusively beyond the deep water line and thereafter record during the relevant trip(s)
catches of cod that appear to Marine Scotland, after consideration, to indicate misreporting
of catches, Marine Scotland will consider whether it is appropriate to administer the penalty
described in the table in Annex H.
Non-fishing activity
10.13 Time at sea will not count against a vessel’s allocation where it is undertaking
non-fishing related activity, provided that the vessel first notifies its intention to do so as well
as notifying the nature of the activity. The vessel must surrender its fishing authorisation for
the duration of the activity and all on board fishing gear must be lashed and stowed during
the period.
Emergency aid
10.14 Time at sea will not count against a vessel’s allocation where it comes to aid of
another vessel in need of emergency assistance or because it was transporting an injured
person for emergency medical aid. Further information on how to claim back time can be
obtained from a Marine Scotland Fishery Office.
TR1 fishing trips conducted exclusively south of 59 degrees latitude in ICES Area VIa
10.15 Where a vessel undertakes a TR1 fishing trip with areas of capture exclusively south
of 59 degrees in ICES Area VIa its balance of days at sea will be reduced by half the actual
amount of time at sea. Areas of fishing activity will be confirmed with reference to VMS
records.
TR1 fishing trips targeting ‘ground fish’ in ICES Area IVa
10.16 Where a vessel undertakes a TR1 fishing trip with areas of capture exclusively within
ICES Area IVa and with landings that by weight are constituted of not less than 40 per cent
of Monkfish and/or Megrim its allocation of days at sea will be reduced by half the actual
amount of time at sea.
TR1 fishing trips to Rockall
10.17 Vessels fishing for haddock at Rockall are required to use 120mm mesh with a
120mm SMP placed at 9-12m from the cod end. Vessels not complying with this measure
will have the days consumed for the trip which any non-compliant gears were used being
deducted from the vessel’s allocation of days at sea.
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11. Penalties
11.1 There will be a regime of administrative penalties. Annex H describes the penalties
and the circumstances where Marine Scotland will consider their application. Where
Marine Scotland is considering the application of a penalty it will notify the relevant persons
in writing of the intention to impose the penalty, and the reasons for its possible application.
Marine Scotland will also discuss, where possible, the circumstances with the Association of
the vessel concerned prior to the application of a penalty.
11.2 On receipt of this notification, the affected person may appeal. Appeals should be
made to the address below and should state reasons. Where an appeal is lodged, a reporter
will be appointed – who will be an officer of Marine Scotland with responsibilities outwith the
Days at Sea regime – to consider the appeal.
Access to Sea Fisheries Team
Marine Scotland
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ANNEX A
FLAT RATE BASIC ALLOCATIONS OF DAYS 2014-15
Gear category
TR1
TR1
TR2
Description
Whitefish demersal trawls – equal to or greater than 100mm
Supplementary Under 5 per cent cod catch allocation*
Nephrops demersal trawls – equal to or larger than 70mm
and less than 100mm
TR2 alternative
TR2 outside IVa
Number of days
90
50
NS – 130
WoS – 110
85
200
Fishing exclusively outside ICES Area IVa with Nephrops
demersal trawls – equal to or larger than 70mm and less than
100mm
TR3
Demersal trawls, Seines of mesh size equal to or larger than
228
16mm and less than 32mm
BT1
Beam trawls of mesh size of 120mm or greater
152
BT2
Beam trawls of mesh size equal to or larger than 80mm and
152
less than 120mm
GN1
Gill nets and entangling nets, excluding trammel nets
140
GT1
Trammel nets
140
LL1
Longlines
172
*For vessels receiving a TR1 track record allocation the supplementary under 5 per cent cod catch
allocation will constitute an additional 35 per cent of their 2004-06 track record.
BUY BACK ALLOCATIONS OF TR1 DAYS AT SEA 2014-15
Allocations
Flat rate
Track
(days)
record
Classification
Gears
Level 1 gear

“130mm cod end”
Level 2 gear

“300mm belly mesh”
Level 3 gear




“Orkney trawl”
“Shetland trawl”
“200mm SMP”
“600mm belly mesh”


“Eliminator trawl”
“800mm belly mesh”
Level 4 gear
+15
+8%
+30
+19%
+50
+29%
+70
+44%
NET MEASUREMENT
When measuring regulated gear, measurements will be made with a suitably calibrated
Omega Gauge. Mesh size will be determined as the mean of 20 consecutive meshes
chosen by the Enforcement Officer as follows:


for diamond and square meshes, in the direction of the longitudinal axis of the net;
for T90 meshes, perpendicular to the direction of the longitudinal axis of the net.
When measuring Highly Selective Gear, the mesh size for the 160mm top-sheet and
top wings and the 200mm ‘Flip-Flap square mesh panel’ is a measurement that was agreed
between the centre of knot to centre of knot of the mesh. When measuring with the Omega
Gauge, the appropriate sized jaws should be fitted and the respective mesh sizes (the
internal mesh size) should be no less than 150mm and 190mm respectively. This
accommodates a tolerance provided to net manufacturers suppliers who work in inches knot
to knot once netting is greater than 130mm.
A6839498
12
ANNEX B
Definition of ‘Farn Deeps’
The ‘Farn Deeps’, for the purposes of the Scheme, will be defined in terms of sequentially
joining the following co-ordinates:
56.0000N
56.0000N
54.0000N
54.0000N
002.0000W
000.0000W
000.0000W
000.2068W
Then north along the mean low water mark to:
55.7860N
002.0000W
Definition of ‘Moray Firth Prawn Agreement’ Area
The above area, for the purposes of the Scheme, will be defined in terms of sequentially
joining the following co-ordinates and as shown in the map below. The area is that part to
the west and south of the easterly lines. The conversion rates from hp to kW are, for 300hp,
224kW and for 400hp, 298kW.
MFPA 1: 58° 03.809N
MFPA 2: 57° 52.230N
MFPA 3: 57° 52.230N
MFPA 4: 57° 49.950N
MFPA 5: 57° 48.800N
MFPA 6: 57° 46.500N
MFPA 7: 57° 40.800N
A7902992
003° 43.650W
003° 36.290W
003° 29.500W
003° 28.180W
003° 26.700W
003° 23.980W
002° 57.890W
13
ANNEX B
A7902992
14
ANNEX C
Definitions of specified selective gears
Note: In these rules, where measurements are indicated, inside mesh sizes should be
measured. An allowance of a deduction of up to 10mm can be made when using the omega
gauge.
TR1 gears
1. “The Scottish Eliminator trawl” (Level 4)
To qualify for the additional days associated with the use of the Scottish Eliminator trawl, a
vessel must use gear that has all of the following features:
o
o
o
o
All top sheet wing netting sections to be made of diamond mesh netting of at least
600mm mesh size;
All lower sheet wing netting sections to be made of diamond mesh netting of at least
600mm mesh size;
The belly panel must be made of diamond mesh netting of at least 600mm mesh size. It
must extend across the full width of the trawl, be attached directly to the fishing line and
extend towards the rear of the net for at least 7.5m (stretched length); and,
All top sheet netting directly above and forward of the belly panel must be made of
diamond mesh netting of at least 600mm mesh size.
2. “The Orkney / Shetland cod avoidance trawl” (Level 3)
To qualify for the additional days associated with the use of the Orkney cod avoidance trawl,
a vessel must use gear that has all of the following features:
o
o
o
o
All top sheet wing netting sections to be made of diamond mesh netting of at least
300mm mesh size;
All lower sheet wing netting sections to be made of diamond mesh netting of at least
300mm mesh size;
The belly panel must be made of diamond mesh netting of at least 300mm mesh size. It
must extend across the full width of the trawl, be attached directly to the fishing line and
extend towards the rear of the net for at least 7.5m (stretched length); and,
All top sheet netting directly above and forward of the belly panel must be made of
diamond mesh netting of at least 300mm mesh size.
3. “130mm cod end” (Level 1)
Cod end of mesh size 130mm or greater.
4. “The 300mm belly panel cod avoidance trawl” (Level 2)
The diagram that is at the foot of this section shows the configuration required for each of
the belly panel buy backs.
To qualify for the additional days associated with the use of the 300mm belly panel cod
avoidance trawl, a vessel must use a gear with a belly panel that has the following features:
o
o
o
The belly panel must be made of diamond mesh netting of at least 300mm mesh size;
The stretched length of the belly panel should be no less than 12m;
The leading edge of the belly panel must be no greater than 4.6m from the fishing line
centre; and,
A7902992
15
o
The rear edge of the belly panel must be at least 16.6m from the fishing line centre.
5. “The 600mm belly panel cod avoidance trawl” (Level 3)
To qualify for the additional days associated with the use of the 600mm belly panel cod
avoidance trawl, a vessel must use a gear with a belly panel that has the following features:
o The belly panel must be made of diamond mesh netting of at least 600mm mesh size;
o The stretched length of the belly panel should be no less than 12m;
o The leading edge of the belly panel must be no greater than 4.6m from the fishing line
centre; and,
o The rear edge of the belly panel must be at least 16.6m from the fishing line centre.
6. “The 800mm belly panel cod avoidance trawl” (Level 4)
To qualify for the additional days associated with the use of the 800mm belly panel cod
avoidance trawl, a vessel must use a gear with a belly panel that has the following features:
o The belly panel must be made of diamond mesh netting of at least 800mm mesh size;
o The stretched length of the belly panel should be no less than 12m;
○ The leading edge of the belly panel must be no greater than 4.6m from the fishing line
centre; and,
o The rear edge of the belly panel must be at least 16.6m from the fishing line centre.
7. “The 200mm Square Mesh Panel” (Level 3)
To qualify for the additional days associated with the use of the TR1 200mm SMP cod
avoidance trawl, a vessel must use a gear with a SMP that has the following features:
○ it must be made from netting of at least 200mm mesh size;
○ it must be no less than 3m long;
○ it must be fitted a maximum of 2 diamond meshes from each selvedge; and,
○ The SMP must be no further than 9-12m from the cod line (i.e. the rearmost row of
meshes of the SMP shall be no more than 9m from the cod line.
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16
Diagram of belly panel configuration
A7902992
17
TR2 gears
1. “Nephrops Flip-Flap ‘netting’ grid trawl”
To qualify for the additional days associated with the use of the TR2 cod avoidance Flip-Flap
‘netting’ Grid trawl, a vessel must use a gear with the following features:

All top wing netting to be made of diamond mesh netting of at least 160mm mesh size.

The top sheet netting panel must be made of diamond mesh netting of at least 160mm
mesh size. It must extend across the full width of the trawl and extend towards the rear
of the net for at least 8.0m (stretched length).

The internal Flip-Flap ‘netting’ Grid (FFG) must be made from square mesh netting of at
most 200mm mesh size and of twine thickness (in the flip flap netting and in attachment
to the main body of the net) of no less than 4mm single. It must be positioned no more
than 500mm from the rearmost meshes of the end tapered section and:
o
o
o
o
o

Must be no less than 8 open mesh bars across by 10 open mesh bars deep;
The top 8 x 5 bar meshes to be attached to the top netting section between
selvedges length for length;
the lower 8 x 5 bar meshes can be left unattached across the trawls lower
netting section but must have leadline (or similar) of weight no less than
1kg/m attached around the edges of its full length;
Have an unblocked fish outlet (with clean meshes all the way around) cut out
of the trawls top sheet netting immediately ahead of the FFG; and,
The opening width of the posterior side of the fish outlet should be no less
than 26 x 80mm diamond meshes (or equivalent) across and cut out to a tip
in the forward direction along mesh bars;
A top sheet square mesh panel (SMP) made from square mesh netting of at least
200mm mesh size must be placed within the end tapered section:
o
o
o
The SMP must be no less than 3m long;
The SMP must have no fewer than 12 open mesh bars across its width;
The rearmost meshes of the SMP must be no more than 0.5m from the
forward tip of the unblocked fish outlet.
2. Faithlie Cod Avoidance Panel
To qualify for the additional days associated with the use of the TR2 Faithlie Cod Avoidance
Panel, a vessel must use a gear with the following features:
Design of Inclined Panel





The Faithlie Cod Avoidance Panel is made from netting of mesh size of at most 300mm
and of twine thickness (in the flip flap netting and in attachment to the main body of the
net) of no less than 4mm single.
It is hung on the square and is 8 bars in height and 14 bars wide.
It is cut out as shown in figure 1.
It can be roped around the perimeter in such a way so as not to distort the panel when
laid flat (figure 2).
To allow the passage of benthos and ground fish species, it is permitted to create a hole
at the bottom of the panel, by cutting out the mesh bars shown in figure 1. For strength
A7902992
18
and integrity the perimeter of the hole must be roped with a rope whose length is no
more that 2.1m and whose diameter is no more than 12mm (figure 2).
Positioning of Panel
 Attachment points A are fitted to the selvedges in the tapered section of the gear where
there are 200 open 80mm meshes (or equivalent) in circumference.
 Attachment point B is fitted to the centre of the top sheet 3½ meshes aft of the cross
section that is described by attachment point A.
 Attachment point C is fitted to the centre of the bottom sheet 3½ meshes forward of the
cross section that is described by attachment point A (figure 3).
 The perimeter of panel is fitted to the trawl netting, length for length, between the
attachment points.
Fish Outlet Holes
 Two unblocked fish outlet holes (with clean meshes all the way around) must be cut out
of the trawls top sheet netting not more than two meshes ahead of the inclined panel at
any point.
 They must be positioned 2 x 80mm diamond meshes (or equivalent) meshes either side
of the centre line.
 The opening width of the posterior side of these fish outlets should be no less than
28 x 80mm diamond meshes (or equivalent) across and cut out in the forward direction
along mesh bars until there are 9 open meshes across (figure 3).
Flotation
 Floatation may be used with the above TR2 gears. It is only permitted, however, along
the line where the internal netting panel is attached to the top sheet netting and/or along the
sides of the fish outlet holes.
 Along the line where the internal netting panel is attached to the top sheet netting, the
maximum size of floats is 125mm in diameter by 155mm in length.
 Along the sides of the fish outlet hole, the floats must be fitted at least 2 open meshes
from the edge of the hole. The maximum size of these floats is 60mm in diameter by 120mm
in length

All floatation must be fitted securely against the top netting sheet.
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Diagram of the Flip-Flap ‘netting’ Grid trawl
Lower
panel
Top panel
Top sheet – end tapered
section
160m
m
200mm Square mesh
panel
12 Bars across
Minimum 3m long
Square
160mm
Max 0.5m
Fish outlet
hole
26 mesh x 80mm or equivalent
Internal
Flip-Flap
panel
(see below)
160mm top panel
section no less
than 8.0m
stretched length
160m
m
Max 0.5m
End of tapered section
Internal Flip-Flap
200mm
SMP
Laced to top sheet meshes
8 bars across
Flip-Flap
200mm square mesh panel
Selvedge
Selvedge
10 bars deep
(5+5)
8 bars across
A7902992
20
Lower half of panel left
unattached and acts as a
flapper. Note – heavy
leadline (1Kg per m) laced
round lower panel edge to
provide weight.
End of tapered
section
Diagrams of Faithlie Cod Avoidance Panel
Inclined Panel
8 X 14 Squares
half Mesh
Attachment
point A
Attachment
point A
Greyed out parts
of mesh cut out
Figure 1. Design of inclined panel.
Inclined Panel
8 X 14 Squares
half Mesh
Attachment
point A
Attachment
point A
Rope around
groundfish hole to be
no more than 2.1m in
length
Greyed out parts
of mesh cut out
Figure 2. Roped inclined panel with roped groundfish hole.
A7902992
21
Inclined Panel Top/Side
Views
3 ½ meshes
20 meshes
9 meshes
fish
outlet
hole
4 meshes
Top View
9 meshes
fish
outlet
hole
Panel
28 meshes
Side
View
Attachment
point A
28 meshes
20 meshes
3 ½ meshes
A7902992
22
ANNEX D
Co-ordinates of the ‘deep water line’
For the purposes of section 10.3, the ‘deep water line’ is defined by sequentially joining the following
co-ordinates. The co-ordinates highlighted in bold relate to the French line co-ordinates contained in Annex IV of
the Cod Recovery Plan (EC Reg 1342/2008).
54° 30.0' N
55° 20.0' N
55° 30.0' N
56° 40.0' N
57° 00.0' N
57° 20.0' N
57° 50.0' N
58° 10.0' N
58° 40.0' N
59° 00.0' N
59° 20.0' N
59° 40.0' N
59° 40.0' N
60° 00.0' N
60° 15.0' N
60° 15.9' N
60° 19.6' N
60° 20.9' N
60° 22.4' N
60° 24.3' N
60° 23.1' N
60° 27.6' N
60° 34.8' N
60° 36.4' N
60° 42.0' N
60° 44.7' N
60° 48.5' N
60° 52.2' N
60° 52.6' N
60° 54.6' N
60° 56.8' N
60° 58.0' N
61° 07.3' N
61° 18.7' N
61° 25.1' N
61° 32.4' N
61° 36.9' N
61° 35.5' N
61° 37.3' N
61° 35.8' N
61° 37.4' N
61° 41.8' N
61° 43.9' N
61° 51.6' N
61° 52.3' N
61° 45.4' N
61° 43.2' N
61° 40.9' N
61° 38.3' N
A6839498
010° 35.0' W
009° 50.0' W
009° 20.0' W
008° 55.0' W
009° 00.0' W
009° 20.0' W
009° 20.0' W
009° 00.0' W
007° 40.0' W
007° 24.0' W
006° 30.0' W
006° 05.0' W
005° 30.0' W
004° 50.0' W
004° 00.0' W
004° 00.0'W
003° 43.3'W
003° 35.7'W
003° 27.6'W
003° 21.3'W
003° 11.5'W
003° 02.9'W
002° 55.9'W
002° 52.5'W
002° 49.3'W
002° 45.3'W
002° 32.7'W
002° 20.3'W
002° 17.5'W
002° 09.5'W
002° 04.4'W
002° 01.1'W
001° 38.5'W
001° 17.3'W
001° 06.0'W
000° 53.5'W
000° 41.3'W
000° 24.4'W
000° 08.8'E
000° 36.4'E
000° 51.4'E
001° 09.7'E
001° 09.3'E
001° 01.1'E
001° 06.4'E
001° 20.7'E
001° 24.1'E
001° 28.2'E
001° 32.2'E
61° 37.5' N
61° 31.5' N
61° 31.1' N
61° 30.5' N
61° 28.3' N
61° 26.3' N
61° 23.4' N
61° 22.6' N
61° 18.7' N
61° 14.7' N
61° 05.1' N
60° 54.7' N
60° 45.0' N
60° 31.9' N
60° 24.7' N
60° 15.0' N
60° 07.6' N
59° 58.7' N
59° 49.5' N
59° 42.0' N
59° 38.9' N
59° 36.5' N
59° 33.8' N
59° 24.2' N
59° 19.2' N
59° 16.6' N
59° 11.3' N
59° 07.6' N
59° 05.6' N
59° 03.8' N
59° 03.4' N
59° 01.3' N
58° 59.5' N
58° 53.6' N
58° 45.4' N
58° 43.9' N
58° 42.1' N
58° 39.6' N
58° 35.0' N
58° 30.0' N
58° 16.0' N
58° 09.5' N
58° 00.0' N
57° 41.0' N
57° 40.5' N
57° 30.0' N
57° 29.5' N
57° 35.0' N
23
001° 34.1'E
001° 42.9'E
001° 42.9'E
001° 43.4'E
001° 47.1'E
001° 51.0'E
001° 55.4'E
001° 56.4'E
002° 03.3'E
002° 10.2'E
002° 31.5'E
002° 49.2'E
003° 01.5'E
003° 11.4'E
003° 13.8'E
003° 14.9'E
003° 13.6'E
003° 14.4'E
003° 16.4'E
003° 17.0'E
003° 18.6'E
003° 21.5'E
003° 23.4'E
003° 25.8'E
003° 25.7'E
003° 25.2'E
003° 26.8'E
003° 27.0'E
003° 27.5'E
003° 27.2'E
003° 26.3'E
003° 25.9'E
003° 29.4'E
003° 32.3'E
003° 38.2'E
003° 38.4'E
003° 38.3'E
003° 39.7'E
003° 45.0' E
003° 57.0' E
004° 19.5' E
004° 40.0' E
005° 24.0' E
006° 11.5' E
006° 28.0' E
007° 04.0' E
007° 33.0' E
008° 07.0' E
ANNEX E
Vessels exempted in terms of Article 11 of 1342/2008
Background
1.
Article 11 of Council Regulation (EC) No 1342/2008 provides for the exemption from
the effort regime of groups of fishing vessels with cod catches of less than 1.5 per cent of
their total catches. Member States may apply in relation to groups of vessels. Exempted
vessels can carry regulated gear within the CRZ without any restriction on days at sea.
2.
Commission Regulation 237/2010 sets out detailed rules for the consideration of
applications under Article 11. Groups of vessels may be granted exemption from the effort
management regime based on concentrating their fishing effort within a geographical area
outside what is referred to as the ‘cod distribution area’; or, where they use gears the
technical attributes of which result in cod catches, including discards, of less than
1.5 per cent of the total catch.
3.
The Scottish Government has to date made one successful application under
Article 11. This application involved two groups of vessels which fished in the areas of low
cod abundance in the Eastern Firth of Clyde and the Minches which met the criteria for
exemption. These were Nephrops vessels which expended more than 75 per cent of their
fishing effort within one of those two areas during the reference period 2006 to 2008. These
vessels were made exempt from the effort management regime with effect from the 2010-11
Scheme year, which commenced on 1 February 2010.
4.
The Scottish Government collating evidence to submit two further applications to the
Commission to exempt more vessels from the effort management regime, further Nephrops
vessels in the Clyde and Nephrops vessels in the Firth of Forth. These applications will be
considered by STECF at their March 2014 plenary, scheduled to commence in the week of
24 March 2014.
Conditions and responsibilities of vessels in the Minches and Eastern Firth of Clyde
exempted under the 2009 application
4.
You will still have to submit an EC logsheet for each trip spent absent from port and
in the Cod Recovery Zone carrying regulated fishing gear of the required EU specifications.
In addition:



You may be asked to carry an observer on board to monitor your cod catches to
provide information to demonstrate that the overall group of exempted vessels
continues to catch less than 1.5% cod as a whole.
If you previously received an allocation of days at sea from Marine Scotland and
leased days out to other skippers you will no longer be able to do that because you
are now free from days at sea restrictions.
You should not carry or use regulated TR1 gear whilst absent from port in the Cod
Recovery Zone. If you are eligible and you choose to carry TR1 gear to target
whitefish you must notify Marine Scotland immediately of your intention. You will be
removed from the group of exempted vessels and once again be subject to days at
sea restrictions and the legal requirement to apply for and carry a fishing
authorisation.
A6839498
24
Readmission of vessels to effort regime
7.
There are two sets of circumstances under which a participating vessel may be
removed from the group of exempt vessels. Removal may be requested by the participating
fishing vessel; or, Marine Scotland may require the removal of one or more vessels from the
exempt group.
8.
Where a vessel wishes to change its area or pattern of fishing in a way that seems
likely to take its cod catches above 1.5 per cent then it may apply to be exempted from the
group. This may happen, for example, where a vessel changes hands and the new owner
has a different fishing plan. Vessels that wish to end their exemption should ask at their local
Fishery Office for the relevant form.
9.
Marine Scotland may also consider, taking into account relevant evidence and
representations, whether to remove a vessel from the exempt group. Relevant evidence will
include reports from observers. In considering whether to remove a vessel, Marine Scotland
will take into account the importance of protecting the viability of the exemption of the group
as a whole.
10.
In both cases, Marine Scotland shall discuss and consider the situation with the
vessel’s owner and representatives before taking any decision. Where Marine Scotland
considers it necessary to exclude a vessel in the interests of the group as a whole, the
vessel owner and its representatives will have an opportunity to appeal against the proposed
exclusion.
11.
Where it has been decided that a vessel is to be removed from the group, the
following action shall be taken:


Marine Scotland shall remove the vessel from the list of exempt vessels and return it
to the effort management regime. Any kilowatt (kW) days associated with the vessel
during the 2004-06 reference period shall be restored (after any adjustment imposed
on the baseline) to the relevant control total; and,
Marine Scotland shall advise the Commission that the vessel has been removed from
the group of exempt vessels in order that the effort limit specified in the annual
fishing opportunities regulation can be adjusted to reflect the re-inclusion of the effort
of the vessel.
12.
The vessel will thereafter be granted (upon receipt of an application) an allocation of
days at sea based on its eligibility to carry gears in terms of section 3 of the Scheme rules.
A7902992
25
ANNEX F
Allocations and transfers of days at sea in relation to vessels that ‘park’ their licence
on another fishing vessel – exceptional arrangements
1.
Marine Scotland will consider applications from vessels to ‘park’ their licence on
another fishing vessel under the Scottish Government Licence Parking Regulations. This
Annex is primarily concerned with the days at sea arrangements connected to vessels that
have made a successful application to park licences. It may also be read in relation to the
holders of licence parking entitlements issued subsequent to the award of a grant under the
Fleet Resilience Grant Scheme 2010.
Allocations
2.
A vessel (the ‘licence parking donor vessel’) that has been granted permission to
park its licence on another vessel under the licence parking scheme will not be able to apply
for an allocation in respect of all the gear categories that it would otherwise be permitted to
apply for in terms of Scheme rule 3.2. It will be permitted to apply for an allocation in relation
to gear categories that it has previously deployed. The vessel that has licences parked on it
(i.e. the recipient vessel) may apply for an allocation in relation to the gears that it is eligible
to carry in terms Scheme rule 3.2.
3.
Allocations determined in terms of paragraph 2 above will not result in the award of a
fishing authorisation that authorises the carriage of regulated gear in the CRZ. Days at sea
will be allocated as part of an administrative process, but may only be transferred to a fishing
vessel specified in the application to park or specified by the holder of the licence parking
entitlement. The recipient vessel(s) will receive a transfer confirmation letter to confirm the
number of days they receive from the transaction.
4.
Where part or all of a licence that has been parked on a vessel is subsequently
aggregated with the licence of the vessel that it was parked on, then the vessel with the now
aggregated licence will be subject to the standard Conservation Credits Scheme rules with
respect to allocations and transfers.
5.
Where a parked licence is disaggregated, the part(s) that are disaggregated and not
aggregated with the licence that they were previously parked on may continue to receive a
parked allocation where an application to park on the vessel with the aggregated licence or
on another vessel is received at the same moment as the application to aggregate. If an
application to park is not received at the same moment then the disaggregated elements of
the licence that are not aggregated with the licence of the vessel that they were parked on
will become standard licence entitlements, and accordingly will not be eligible to apply for an
allocation of days at sea.
6.
There is no change to the Scheme rules with respect to the allocation of
Conservation Credits buy back allocations. These will be allocated where appropriate to
active vessels.
7.
Where a vessel receiving the allocation described at 6.5.ii.c above receives days at
sea from a parked licence, the North Sea allocation awarded to the parked licence will be
deemed to be the same type of allocation.
Transfers of days at sea
8.
By way of an exception to Scheme rule 9.2 above, vessels that make a successful
application to park their licence on another vessel, and have a basic allocation for gear
A6839498
26
categories other than TR1, may transfer to the recipient vessel up to 85 per cent of their
basic allocation.
9.
Vessels that have received days at sea in the course of a licence parking application
may not transfer out any days at sea.
10.
In transferring days at sea to recipient vessel(s) during a management period, a
period of eight weeks will be observed to ensure that the donor vessel has completed all
voyages and the correct number of days remaining is transferred to the recipient(s). A letter
will be issued confirming the transfer of days and that they are now available.
A7902992
27
ANNEX G
Real Time Closures (RTCs)
1.
RTCs apply to all waters in the Scottish Zone and beyond where Scottish vessels are
operating outwith the 12 mile limit, with the exception of ICES Area VIa. Inside the 12 mile
limit, Marine Scotland will, where the trigger level has been achieved, consider in
consultation with the Fisheries Management and Conservation Group the nature and extent
of the need for any closure in relation to current and anticipated fishing activity. The overall
size of each closure is 15nm x 15nm or the equivalent thereof. For vessels operating under
the Fully Documented Fishery System, the overall size will be 7.5nm x 7.5nm.
2.
The shape and size of any closed area arising from a positive physical sample shall,
in the first instance, be agreed between the Marine Scotland boarding officer and the Master
of the fishing vessel. Where any dispute cannot be resolved, the area shall default to a
square with sides of equal length. There will be potential for further amendment after
discussions between industry representatives and Marine Scotland.
3.
o
o
o
o
o
o
o
o
o
o
o
o
o
o
The key features of RTCs are as follows:
A minimum of 40 cod per hour’s fishing effort will indicate a high abundance;
The overall size of each closed area shall be a maximum size of 15nm x 15nm or the
equivalent thereof. Any closures in Zone 2, inside our fishery limits of the North Sea,
shall remain at the current size of 7.5nm x 7.5nm;
There will be a maximum level of eleven closures (plus three extra in the event of a
positive sample) set at any one time. If eleven closures cannot be established then
the maximum possible shall be established. Any closed area will be defined by a
maximum of six points;
Closures within the 12 mile zone can only be established in exceptional
circumstances which may require consultation with industry representatives;
Each closure will be as a result of one positive sample (over 40 cod per hour).
Analytical closures shall be based on the highest ranked areas in relation to cod
recorded on log sheets and related to time spent fishing as identified by VMS
information. This is referred to as Logged Per Unit Effort (LPUE);
Closures generated by samples will come into affect at midnight on the day after the
sample was taken or the LPUE was provided;
Closures will last for a fixed period of 21 days after which the area will automatically
re-open;
There will be no set minimum closures in North Sea Zones 1 and 2. Closed areas
shall be focussed on the highest ranking LPUE data, delivering the maximum
conservation benefit. LPUE data of less than 0.05 will be discounted;
A buffer zone of 15nm will be established around a closure. No other closures will
encroach on the buffer zone;
Other UK administrations and other Member States will be advised of closures and
vessels encouraged to observe them;
Industry will be encouraged to notify the existence (for information purposes) where
they have encountered high numbers of undersized cod. Tel: +44 (0)131 271 9700,
Fax: +44 (0)131 244 6471 and e-mail: UKFCC@scotland.gsi.gov.uk
Information on sample results and closed areas will be published on the
Marine Scotland website at:
http://www.scotland.gov.uk/Topics/marine/Sea-Fisheries/17681/closures
Sampling will be undertaken by Marine Scotland and independent observers;
Marine Scotland Science observers shall seek the permission of the vessel master
before any notifications are made.
4.
Information on live RTCs are published on the Marine Scotland website at:
http://www.scotland.gov.uk/Topics/marine/Sea-Fisheries/17681/closures/closed and are also
available from your local Marine Scotland Fishery Office.
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ANNEX H
Penalties
This table notes the penalties that Marine Scotland will consider imposing in different
circumstances. Marine Scotland will give due consideration to any relevant exceptional
circumstances.
Action
Activity in excess of
cumulative annual allocation of
days.
Fishing in an area of seasonal
closure when in effect.
Fishing in an area of Real
Time Closure when in effect.
Carrying on board of more
than one category of regulated
gear.
Failure to fish exclusively with
specified TR1 selective gear
after notifying intention to so
fish.
Failure to fish with specified
TR1 selective gear north of 59
degrees latitude in ICES Area
VIa.
Failure to fish exclusively and
appropriately with specified
TR2 highly selective gear or
SMP specified in rule 7.
Fishing in ICES Area IVa with
TR2 gear when in receipt of
the allocation to fish
exclusively outside.
Failure to accept an observer
on board in response to a
reasonable request.
Apparent misreporting of cod
catches during fishing trips
beyond deep water line.
A6839498
Penalty
Excess of up to 5 days: 2 days for each day of excess
will be deducted from the allocation for the subsequent
year.
Excess of more than 5 days: 3 days for each day of
excess will be deducted from the allocation for the
subsequent year.
Deduction of 7 days.
On the first occasion, deduction of 5 days. On the
second occasion, deduction of 10 days. On the third and
on each subsequent occasion, 15 days.
Deduction of 5 days.
Deduction of days awarded in relation to use of gear in
the management period, including any days used from
that additional allocation.
On each occasion, deduction of 75 days.
On each occasion, deduction of 75 days.
On each occasion, deduction of 75 days
On the first occasion, no penalty. On the second and
each subsequent occasion, deduction of 5 days.
On the first occasion, suspension for three months of the
facility described in Section 10 to discount time at sea
where fishing takes place exclusively outside the CRZ or
beyond the deep water line. On the second and each
subsequent occasion, suspension of the same for six
months.
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