Regulation establishing measures for the conservation and management of fishing resources in the Estonian Economic Zone

Unofficial translation 05/05/94 Fishery Regulation establishing a measures for tbe conservation and management of fi1:Jhin9 :1:esources ln the E5l.ouian Econ011tic Zone Gen~ra.l pLOVll51on5 1. The present Fishery Regulation establishing a measures for the com,exva.Lion o.nd management of fishery resources in the Estonian Economic zone (further the Regulation) regulates the fishery in Estonian Economic zone and is obligatory to apply to the all natural and legal persons involved in fishery. 2. The Nat.ional Estonian Board of Fisheries is responsible for fishery management in the Estonian Economic zone. 3. The Regulation shall not npply to fiohcry which takes place for scientific or other special purpose. In this case the fishery conditions have to be laid down by the National Estonian Board of Fisheries and they have to be listed in the fishery licence. 4. The vessels involved into fishery and the vessels receiving, processing and transport fish are herainafter referred to as "the fishing vessels 11 • Fishing rights 5. The National Estonian Board of Fisheries issues the fishing licences giving the fishing rigts to the fishermen. 6. Foreign fiohing vossolG can fish in Es;t.on:ian Economic zonQ within the frames of the bilateral fisheries agreements. In accordance with these agreements it is possible to use the lists of the fishing vessels instead of the individual fishing licences. Those lists havQ t.o i.ncludc.t thQ vGu;:i:ols: nam.Q, rc.tgii:tration numbqr, 1 raa1.o ca11 sign, tne vessels type and descr1ption ot the fishing method. Responsibility 7. Fishermen shall 1) rollow the tishery restrictions in force; 2) have on board the fishery licence when fishing; 3) ma1ntain a fishing loy in d(;(;OL'lli::tm.:I:::! wltl1 Ll:::!yultttlvw:; lu fv.tc.:I.:! and fill in the forms immediately after removing the fish caught from the gear; 4) ma1.:k the dL·iftiuy dud i:lll(;hULl:::!d !lsllln1::1 yt;1,arb; nets awl lln'i:!s must be marked by lights visible from a distance of at least 2 nautical miles or by buoy equipped by radar-reflector and flag; the fishing gears shall be marked (labelled) in a way making possible ideuti£l(;cttiuu 0£ th~lL vwm:ns; 5) empty the fishing gears as often as it is necessary to ensure the quality of fish; 6) allow the fishery scientists to measure and weight the fish and to take the scales for ageing in a way not lowering the commercial value of fish; 7) permit the competent authorities to verify the accuracy of the fishing log and to check the fishing licence, fishing gear and the catch; 8) within 8 days of the month of fishing submit the information on catches to the National Estonian Board of Fisheries unless it is not specified othervise e.g. by some international agrement; 9) the fish caught in accordance with provisions laid down in Articles 22 and 23 of this Regulation as well as undersized fish and/or fish caught during the periods of prohibition when receiving, selling or transhipping shall be nccompnnied by reference drawn up by fisherman and indicating: the name of the fisherman and the number of the fishery 2 licence; the name of authority issued the fishery licence or permission; the date and location of catches; clarification of the reasons of having the undersi.zed fish in catch. 8. The roaatcra ahull, 1) maintain readibility of the vessels name and identification sign both sides of the vessel; 2) not interfere when fishing the seatrafic of the chart-marked seatrafic routes; 3) take on board tho competent authorities as it is laid down in Article 24, allow them to check the fishing, catch, fishing gears and holes as well as documents concerning the fish transhipment; allow to the competent authorities to copy transhipment documents and pages of fishing log needed, 4) allow to the competent 24 to use the vessels oommunioation. authorities as communication it is laid down in Article facilities for official 9. The fishing gears on board which are not permitted to use during the period of prohibition and/or in the prohibited area must be stowed so that thGy may not rQadily bG usQd in accordanco with tho provisions laid down in Article 20. The same is valid for the reserve fishing gears on board. Prohibitions 10. It is proh1bitodt 1) to use explosive, toxic or narcotic substances for the purpose of catching fish, to use in principle new fishing goar or fishing me,thod without p,;,..rmission of N:::i+-inl;l.l B,;tonian Board of Fisheries; 3 2) to fish, to receive, land, sell, process or store fish having, when fresh, a total length less than speciefied in Rule 12 and/or fish taken during the period of prohibiton or in the prohibited area, with the exception of cases specified in Article 23; 3) to conduct trawl fishery within a depth of 20 m; 4) to run fishing gear closer than 50 m to the other fishing gear in operation; 5) to attach the various materials ta the fishing gear which may reduce the net's active surface mesh size below the permitted limits with the exception of the cases specified in Article 18; 6) to disharge of the not viable fish. Periods of fishery prohibition 11. It is prohibited: 1) to fish for flounder, plaice and turbot in ICES (International Council for the Exploration of the Sea) Sub­ division - 28 (with exception of the Gulf of the Riga} and 29 (south of latitude 59°30 N, with exception of the vainameri region) - l February ~o 30 April; other areas - 1 February to 30 June; 2) to fish with bottom trawl in the Gulf of Finland - 1 February to 30 June; drifting lines and anchored lines beyond four nautical miles measured from the base-lines in the Gulf of Finland - 1 July to 15 September, other Baltic areas - 1 Apr 11 to 15 September; Minimum fish size 4 12. Based on biological backround the minimum fish size is established as follows: ·1 cm ··L cm 1 ) Herring Gulf of Riga and Gulf of Finland 10 12 other Baltic regions 14 16 2) sprat 8 9 3) Salmon 50 60 4) Sea Trout 45 50 5) Turbot 25 30 6) Flounder and Plaice 18 21 7) Cod 30 33 from 1 January 1995 32 35 · The length of the fish measured from the tip of the snout (with mouth closed) to the mid of the beginning of the tail fin. ·· The total length of the fish measured from the tip of the snout (with mouth closed) to the extreme end of the tail fin. 13. The fish size is legal when at least one of the lengths measured is equal or exceeds the minimal size specified in Article 12. 14. Estonian Board of Fisheries may correct temporarly minimum fish size. Mesh size 5 15. The legal minimum mesh size and minimum size of hooks are as follows: 1) trawl fishery for herring in ICES Sub-Divisions 28 and 29, south of latitude 59"30 'N - 28 nun: in ICES Sub-Division 29, north of latitude 59°30'N, in the Gulf of Riga and in the Gulf of Finland - 16 mm; sprat - 16 nun cod - 105 mm flounder - 90 mm 2) net fishery for salmon: synthetic fibar - not below 157 mm; natural fiber - not below 165 mm; 3) line fishing for salmon: from the poi.nt to the bend of the hook - 19 mm. Mesh size inspectioin 16. When nets are inspected the gauges to be used for determining mesh sizes shall be 2 mm thick, flat, of durable material with a taper of 1 cm in 8 cm on each side and having the measurrnent scale. The gauge shall be inserted into the wet mesh opening with manual force until it is stopped. The mesh size of a net shall be the average size of at least one series of 20 consecutive meshas in the direction of the long axis of the net. Meshes less than 10 meshes and within 50 cm from lacings, ropes or codline shall not be measured. 17. When nets are inspected the sum of the distance between 11 consecutive knots devided by 5 can be used to determine the mesh size 6 Special conditions for trawl and danish seines fishery 18. In the case of trawl fishery 1) it shall be permitted to attach to the outside of the lower half of the codend of trawl any canvas, leather, netting or other material; 2) for cod and flounder it shall be permitted to attach to the outside of the codend the strenghtening bag made of the lasting (rope) fiber of the same netting material as the codend and the length of witch do not exceeds the 3/4 of the length of the cylindrical part of the codend. The mesh-size of the strengthening bag shall be at least twice as large as the mesh-size of the codend. A strenghtening bag may be attached to the codend along the forward, lateral and rear edge only; 3) for herring and sprat it shall be permitted to use the strengthening bag made of the thicker (rope) netting ; 4) it shall be permitted to use in trawls and in danish seines a flapper which has a mesh size smaller than the legal one. The distance from the point of forward attachment of the flapper to the rear end of the codend shall be at least three times the length of the flapper. Fishery for Salmon and Sea Trout 19. Salmon and Sea Trout: 1) in fishery with drifting nets not more than bUU nets per vessel may be used; the length of each net may not exceed 35 meters measured in the gear's headrope; 2) when tishing with ctritting lines or anchored lines no more than 2000 hooks on each individual fishing vessel are allowed at the same time; J) in addition to the permittect number ot nets, reserve nets may also be kept on board not exceeding a maximum of 100 nets; in addition to the same number of hooks permitted in 7 fishing a maximum of 200 reserve hooks may be kept on board. Gears not ready for use 20. The fishing gears are not ready for use if: 1) trawl fishing gear the trawl boards are made fast to the inner or outer side of the bulwark or the gallows, sweep lines or wraps are unshackled from the trawl boards or groundrope, the trawl nets are stowed under a lashed cover; 2) the nets are stowed under a lashed cover: 3) the lines and hooks are kept in closed boxes. Reserve gear 21. The allowed reserve gears shall be kept separated from the gears in use. Bycatcb 22. The fish taken during periods of prohibition or in prohibited areas or by prohibited fishing gear as well as undersized fish and fish not permitted for fishery but caught in course of legal fishery tor another species 1s herainarter referred to as "bycatch". 23. The bycatch may be retained on board: in the case of undersized Herring and Sprat within a limit of 15 percent by number of the total catch of these fishes on board. If Herring or Sprat constitutes less than 10 percent of the micsture ot these species the restriction snall be applied tu the 8pecles presented by 90 percent or more by number of the total catch of these fishes on board; 8 in the case of undersized Cod - up to 5 percent by weight of the total catch of Cod on board; in the case of undersized Flounder, Place and Turbot - up to 5 percent by number of the total catch of these tishes on boarct; if fish is taken during the periods of prohibition or in prohibited areas or by prohibited fishing gear as well as fish not permitted by licence for fishing: in the case of bycatch of Flounder, Place and Turbot caught in course of Cod fishery - lO percent by weight of the total catch of Cod on board, in the case of bycatch of Cod in fishery for Flounder - 5 percent by weight of the total catch of Flounder on board, in the case of bycatch of Herring in fishery for Sprat - 50 percent by weight of the total catch of Sprat on board. Comment: the bycatch of the fish taken subject to quota is considered as the fish taken under the same quota. surveillance and measures to be taken in the case of non-compliance with the rules in force 24. Estonian Borderguard controls the Sea Inspectorate in cooperation with the Estonian Department and Estonian National Maritime Board Fishery Regulation in force. 25. Where an infringement of the provisions of this Regulation is discovered the appropriate action against any person responsible for the infringement shall be taken in conformity with the national law. 26w The sanctions shall be taken against persons responsible for infringements as follows: fishing without valid fishery licence, fishing during period of prohibition or in prohibited area as 9 well as fishing using the prohibited fishing gear or fishing method, having the undersized fish in catch exceeding the established limits, not discharging the live fish cought during the prohibited period or in prohibited area except dead fish in the gear. 27. The sanctions shall not be taken against persons having undersized fish in catch or fish caught during the prohibited period or in prohibited area and exceeding the limits specified in Article 23 if immediate relevant log was made and Estonian Sea Inspectorate was informed by radio or when arriving port (if no radio communication available), fishing in the area was immediately terminated, the new tishing area was chosen ( not closer than minimum 5 nautical miles) or larger mesh-size fishing gear was taken into use in order to seek to avoid further catches of undersized fish. 28. 'l'he fi.shing gear shall be taken away if the gear is not marked and/or not set in accordance with regulations in force. 29. Where an infrigement of the provisions of this Regulatios is a1scoverect the tishing gear anct the catch shall be taken away by the guilty person or at his expense. Anonymous fishing gear shall be taken away and considered as a public revenue. 10