SDSG – 2014/01/17 – 5.05 Scottish Government Conservation Credits Scheme Scheme Rules Version 4.2 (25 September 2013) 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 Buy back allocations of days at sea Definition of ‘Farn Deeps’ and ‘Moray Firth Prawn Agreement Area’ 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 A6839498 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). 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. A6839498 2 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 2013-14 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 The Effort Management Team 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. 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. Flat rate or track record allocations 6.5 i. Eligible applicants will receive: 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 A6839498 3 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 allocations for use in the North Sea and in the West of Scotland: West of Scotland TR2 allocation a) Eligible vessels administered at a port adjacent to the West of Scotland on 1 February 2013 will receive an allocation equivalent to 95% of their average annual hours at sea in the West of Scotland between 2009 and 2011, with a minimum of 110 days at sea. b) Eligible vessels administered at a port adjacent to the North Sea on 1 February 2013 will receive a West of Scotland allocation equivalent to 85% of their average annual hours at sea in the West of Scotland between 2009 and 2011. North Sea TR2 allocation c) Eligible vessels 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 for vessels administered at a port adjacent to the North Sea on 1 February 2013. d) 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 2013. 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. Vessels may apply for this alternative allocation until 30 April 2013, and may revise a previously submitted application. Irish Sea TR2 allocation e) Eligible vessels will receive an allocation equivalent to 100% of their average annual hours at sea in the Irish Sea between 2009 and 2011. Vessels will receive an allocation that specifies the number of days that they may use in each area. iii. In relation to applications that include gear categories other than TR1 or TR2, a flat rate allocation, 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. A6839498 4 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 the 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 track record, on the same basis as at paragraph 6.5i above. Where a vessel’s track record in the 2004-06 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. http://www.scotland.gov.uk/Topics/marine/Licensing/FVLS/catchquota 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 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 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. A6839498 5 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 2013-14, 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.d 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 For the avoidance of doubt, the requirements here in relation to the installation of specified selective and highly selective gears do not apply to vessels exempt from the effort regime under Article 11 of the Cod Recovery Plan (see Annex E for more details). 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, 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. A6839498 6 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 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. 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. A6839498 7 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. Vessels that participate in Fully Documented Fisheries; and, Vessels that have received days as part of a licence parking transaction. 9.2 Vessels with a TR1 allocation may transfer out any number of days from their basic allocation. Up to 15 per cent of 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 an North Sea TR2 allocation in terms of section 6.5.ii.d 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 and ii 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 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. A6839498 8 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’ message. 10.5 Vessels in the 10-12m range record entry to port by recording that activity in the log book, 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. 10.6 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’ 10.7 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 log book, 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. 10.8 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 transit and their fish is made available for inspection on arrival at their final destination. There is not longer a requirement for skippers to notify the UK Fisheries Call Centre. 10.9 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. 10.10 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 10.11 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. A6839498 9 Emergency aid 10.12 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 10.13 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 10.14 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 10.15 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. 11. Penalties 11.1 There will be a regime of administrative penalties. Annex H describes the penalties and the circumstances where the Effort Management Team will consider their application. Where the Effort Management Team 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. The Effort Management Team will also discuss 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, the Effort Management Team will appoint a reporter – who will be an officer of Marine Scotland from outwith the Effort and Quota Management Team – to consider the appeal. Effort and Quota Management Team Marine Scotland: Fisheries Division 1-B South Victoria Quay EDINBURGH EH6 6QQ daysatseateam@scotland.gsi.gov.uk A6839498 10 ANNEX A FLAT RATE BASIC ALLOCATIONS OF DAYS 2013-14 Gear category TR1 TR1 TR2 Description TR3 Demersal trawls, Seines of mesh size equal to or larger than 16mm and less than 32mm Beam trawls of mesh size of 120mm or greater Beam trawls of mesh size equal to or larger than 80mm and less than 120mm Gill nets and entangling nets, excluding trammel nets Trammel nets Longlines BT1 BT2 GN1 GT1 LL1 Number of days 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 90 50 NS – 130 WoS – 110 IS – 75 228 152 152 140 140 172 *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 2013-14 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 A6839498 Allocations Flat rate Track (days) record +15 +8% +30 +19% +50 +29% +70 +44% 11 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 A6839498 003° 43.650W 003° 36.290W 003° 29.500W 003° 28.180W 003° 26.700W 003° 23.980W 002° 57.890W 12 ANNEX B A6839498 13 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, A6839498 14 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. A6839498 15 Diagram of belly panel configuration A6839498 16 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 A6839498 17 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. A6839498 18 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 A6839498 19 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. A6839498 20 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 A6839498 21 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 22 001° 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 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. The Scottish Government will consider collating evidence to submit a further application to the Commission to exempt more vessels from the effort management regime. Monitoring of groups of exempt vessels and responsibilities of vessels 4. In order to closely monitor the behaviour of the exempted groups of vessels, Marine Scotland has implemented an on board observer programme to monitor and record their catches of cod, which shall include discards. 5. Vessels granted exemption from the effort management regime as a result of this exemption are expected to continue to catch less than 1.5 per cent cod. 6. Skippers of vessels within an exempted group are required to accept an observer on board for the entire duration of one or more fishing trips during the Scheme year. An appropriate period of notice will be given to the vessel owner/skipper prior to the observer’s arrival. 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 the Fishery Office for the relevant form. A6839498 23 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. A6839498 24 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. 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.d 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 25 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. A6839498 26 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 Email: 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. A6839498 27 ANNEX H Penalties This table notes the penalties that the Effort Management Team will consider imposing in different circumstances. The Team 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. 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 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. 28