Fisheries (Technical Measures) Bye-laws 2000 (No. 709/2000)

op 4 • Statutory Document No. 709/00 SEA-FISHERIES ACT 1971 SEA-FISHERIES (TECHNICAL MEASURES) BYE-LAWS 2000 Approved by Tynwald on:22 November 2000. • Coming into operation on.. 31 October 2000. WHEREAS the Department of Agriculture, Fisheries and Forestry has (a) consulted such organisations and authorities as is required by section 2(2A)(a) of the Sea-Fisheries Act 1971(a); (b) satisfied itself as required by section 2(2A)(b) of that Act; and (c) obtained the concurrence of the Secretary of State to the making of the following Bye-laws, AND in exercise of the powers conferred on the Department of Agriculture, Fisheries and Forestry by section 2 of the Sea-Fisheries Act 1971, and of all other enabling powers, the following Bye-laws are hereby made: Citation, commencement and application 1. These Bye-laws may be cited as the Sea-Fisheries (Technical Measures) Bye-laws 2000 and shall come into operation on 31 October 2000 and shall apply throughout the territorial sea. Interpretation 2. In these Bye-laws "the Act" means the Sea-Fisheries Act 1971; (a) 1971 c.18: section 2 was amended by the Fisheries Act 1983; the Statute Law Revision Act 1986; the Territorial Sea (Consequential Provisions) Act 1991; and G.C. 121/86. • Price : £2.80 Price Code: D 1 "beam trawl" means any net, the mouth of which is extended by a beam, bar or other rigid device and which is designed to be towed along the sea-bed; • "beam trawler" means a registered fishing vessel which, in so far as it carries or uses nets, carries or uses only beam trawls; "bottom set gill net" means any fixed gear made up of a single piece of net, fixed, or capable of being fixed, by any means to the bottom of the sea; "codend" means the rearmost part of a net, being made up of one or more panels (pieces of netting) of the same mesh size attached to one another along their sides in the long axis of the net by lacing; "entangling net" means a bottom set gill net; "extension piece" means an extension piece located immediately in front of the codend and excludes any tapering part of the net; "flapper" means a piece of netting with a mesh size at least equal to that of the codend and any extension piece, fastened inside a net in such a way that it allows catches to pass from the front to the rear of the net but limits their possibility of return; "gill and other specified nets" means gill nets, beach seines, trammel nets, tangle nets, stake nets, drift nets, ring nets, T nets, J nets, hoop nets and any similar nets used for the enmeshing or entrapment of fish, but does not include any trawl, Danish seine or similarly towed net; "knotless netting" means netting which is composed of meshes of four sides of approximately equal length in which the corners of the meshes are formed by the interweaving of the twines of two adjacent sides of the mesh; "mesh size of a towed net", other than in the definition of the mesh size of a square mesh panel, means the mesh size of any codend or extension piece found on board a fishing vessel and attached to or suitable for attachment to any towed net, as determined by procedures specified in Regulation (EEC) No. 2108/84(a); "mesh-size of a square-mesh panel" means the largest determinable mesh size of a square-mesh panel inserted into a towed net, as determined by procedures specified in Regulation (EEC) No. 2108/84; "multiple twine netting" means netting constructed of two or more twines, where the twines can be separated between the knots without damage to the twine structure; • • (a) OJ No L 194 24.7.1984, p. 22. • r: • "overall length" means the length of a vessel measured in metres with an accuracy of two decimals as the distance in a straight line between • • (a) the foremost point of the bow, which shall be taken to include the watertight hull structure, forecastle, stem and forward bulwark, if fitted, but shall exclude bowsprits and safety rails; and (b) the aftermost point of the stern, which shall be taken to include the watertight hull structure, transom, poop, trawl ramp and bulwark, but shall exclude safety rails, bumkins, propulsion machinery, rudders and steering gear, and divers' ladders and platforms; "registered engine power" in relation to a registered fishing vessel means the engine power as recorded in the Certificate of Registry of that vessel;"; "square-mesh panel" means a panel of netting mounted so that of the two sets of parallel lines formed by the mesh bars one set is parallel to, and the other at right angles to, the long axis of the net; "strengthening bag" means a construction of netting which surrounds in whole or in part the codend and any extension piece and which is designed to support the codend and any extension piece during hauling of the gear; "target species" means sea-fish of a species referred to in the first column of Schedule 1 in relation to a range or ranges of mesh size; "top-side chafer" means a construction of netting which covers in whole or in part the outside of the upper half of the codend and any extension piece; "trammel net" means any fixed gear made up of two or more pieces of net hung jointly in parallel on a single headline, fixed, or capable of being fixed, by any means to the bottom of the sea. PART I NETS AND CONDITIONS FOR THEIR USE PROVISIONS FOR TOWED GEARS Target species and mesh sizes 3. (1) Subject to paragraph (8), no person shall fish for any target species except where applicable in the time period and except where using the range of mesh size specified in Schedule 1. (2) Subject to paragraph (8), no person shall use any combination of towed nets of • more than one range of mesh size except where the mesh sizes of such nets used are in • compliance with no more than one of the permitted combinations of mesh size ranges and where applicable with the time period specified in Schedule 3. (3 ) Subject to paragraph (8), no person, being the master of a fishing vessel who during any fishing voyage does not complete a logbook in accordance with the provisions of a notice served under section 8 of the Sea-Fisheries Act 1971 or with the provisions of Article 6 of Regulation (EEC) No. 2847/93(a), shall use during any voyage any combination of towed nets of more than one range of mesh size. (4) Subject to paragraph (8), no person shall carry on board during any fishing voyage any combination of towed nets of mesh size ranges which do not comply with the conditions specified in paragraphs (1) or (2) except where all such nets are lashed and stowed in accordance with the provisions of Article 20(1) of Regulation (EEC) No. 2847/93. Any towed net which is not lashed and stowed in accordance with this paragraph shall be considered to be in use. (5) Subject to paragraph (8), no person shall use more than one net simultaneously towed by a fishing vessel or by more than one fishing vessel except where each net is of the same mesh size range. (6) Subject to paragraph (8), no person shall land catches for any fishing voyage during which any combination of towed nets of more than one range of mesh size is used except where (a) (i) any one of the nets used is of mesh size equal to or greater than 100 millimetres; and (ii) the percentage composition of the catches retained on board is in compliance with the relevant conditions specified in Schedule 4; or (b) the percentage composition of catches taken by each range of mesh size used and retained on board is in accordance with the corresponding conditions specified in Schedule 1. (7) The percentage of target species and of other - species shall be obtained by aggregating all quantities retained on board or trans-shipped of target species and other species as specified in Schedule 1. (8) This bye-law shall not apply to dredges to which the Sea-Fisheries (Scallop Fishing) Bye-laws 1999(b) apply, provided that the quantities of sea-fish retained on board and caught with such nets, other than bivalve molluscs, do not exceed 5% of the total weight of the sea-fish on board. (a) OJ No L 261, 20.10.1993, p.1: Regulation as last amended by Regulation (EC) No 686/97 (OJ No L 102, 19.4.1997, p.1). (b) S.D. No. 653/99 • • • 4 4, Percentage composition of catches 4. (1) Subject to paragraph (4), the percentages referred to in Schedule 1 and 4 shall be calculated as the proportion of liveweight of all sea-fish on board after sorting or on landing, provided that when calculating the percentages referred to in this paragraph for a fishing vessel from which quantities of sea-fish have been trans-shipped these quantities shall be taken into account. (2) No person, being the master of a fishing vessel who does not complete a logbook in accordance with the provisions of a notice served under section 8 of the Sea Fisheries Act 1971 or with the provisions of Article 6 of Regulation (EEC) No. 2847/93 shall trans-ship sea-fish to any other vessel or receive trans-shipments of sea-fish from any other vessel. (3) The percentages referred to in paragraph (1) may be calculated on the basis of one or more representative samples. • (4) Paragraph (1) shall not apply where the percentage of catches of sand eel retained on board and caught with nets having mesh sizes smaller than 16 millimetres is calculated before sorting. (5) For the purpose of this bye-law, the equivalent weight of whole Norway lobster shall be obtained by multiplying the weight of Norway lobster tails by three. Towed nets 5. ( 1 ) Subject to paragraph (2), no person shall carry on board or use on any fishing vessel any demersal trawl, Danish seine or similar towed net of which the mesh size lies within the range 90 to 119 millimetres having more than 100 meshes in any circumference of the codend, excluding the joinings and selvedges. (2) Paragraph (1) shall not apply to a beam trawl. (3) No person shall carry on board or use on any fishing vessel any demersal trawl, Danish seine or similar towed net of which the mesh size is equal to or greater than 55 millimetres and of which the number of meshes around any circumference of a single codend stricto sensu increases from the front end to the rear end. (4) No person shall carry on board or use on any fishing vessel any demersal trawl, Danish seine or similar towed net of which the mesh size is equal to or greater than 55 millimetres and of which the number of meshes, excluding those in the selvedges, at any point on any circumference of any extension or lengthening piece is less than the maximum number of meshes on the circumference of the front-end of the codend strict() sensu excluding meshes in the selvedges. Square-meshed panels 6. (1) Subject to paragraph (4) and (5), a square-meshed panel of a mesh size of at 0 least 80 millimetres may be inserted into any towed net. 5 • • •• (2) No person shall carry on board or use on any fishing vessel any demersal • trawl, Danish seine or other towed net which is fitted with a square-meshed panel except where the square-meshed panel is (a) subject to paragraph (4), placed in the top half or top sheet of a net in front of any extension piece or at any point between the front of any extension piece and the posterior of the codend; (b) not obstructed in any way by either internal or external attachments; (c) at least three metres in length except when incorporated into nets towed by vessels of less than 112 kilowatts, when it must be of at least two metres in length; (d) constructed of knotless netting or of netting constructed with non-slip knots, and is inserted in such a way that the meshes remain fully open at all times while fishing; (e) constructed so that the number of meshes in the anterior row of meshes of the panel is equal to or greater than the number of meshes in the posterior row of meshes in the panel. (3 ) No person shall use any net in which a square-meshed panel is inserted in (a) an untapered portion of the net except where there are no more than five open diamond meshes between each panel side and the adjacent selvedges of the net; and (b) a tapered portion of the net except where there are no more than five open diamond meshes between the posterior row of meshes in the square-meshed panel and the adjacent selvedges of the net. (4) Notwithstanding paragraphs (1) and (2)(a), no person shall carry on board or use on any fishing vessel any demersal trawl, Danish seine or similar towed net of which the mesh size lies in the range 70 to 79 millimetres except where it is equipped with a square meshed panel positioned anterior to the codend and having a mesh size equal to or greater than 80 millimetres. (5 ) Notwithstanding paragraph (1), no person shall retain on board any quantity of crustaceans of the genus Pandalus caught with any demersal towed net having a mesh size lying in the range 32 to 54 millimetres except where the net is equipped with a square-meshed panel or window having a mesh size equal to or greater than 70 millimetres. (6) Measurements of the mesh size of any square-meshed netting inserted into any part of a net shall not be taken into consideration when assessing the mesh size of a towed net. • t • Twine and netting materials 7. (1) Subject to paragraph (3), no person shall carry on board or use on any fishing vessel any towed net constructed wholly or in part in the codend of single twine netting materials having a twine thickness of more than eight millimetres. (2) Subject to paragraph (3), no person shall carry on board or use on any fishing vessel any towed net constructed wholly or in part in the codend of netting materials consisting of multiple twine, except where the multiple twines are of approximately equal thickness and except where the sum of the thicknesses of the multiple twines on any side of any mesh is no more than 12 millimetres. (3) Paragraph (1) and (2) shall not apply to pelagic trawls. Meshes other than square or diamond 41111 8. (1) Subject to paragraph (2), no person shall carry on board or use on any fishing vessel any towed net the codend of which is constructed wholly or in part of any type of netting material made of meshes other than square mesh or diamond mesh. (2) Paragraph (1) shall not apply to any towed net the codend of which has a mesh size of 31 millimetres or less. PROVISIONS FOR FIXED GEARS 9. (1) No person shall use or keep on board any bottom set gill net, entangling net or trammel net except where (a) it is permitted during a time-period where applicable as specified in Schedule 2; (b) the catch taken with the net and retained on board includes a • percentage of target species no less than 70%; and (c) in the case of (i) bottom set gill nets and entangling nets, its mesh size corresponds to one of the categories specified in Schedule 2; Or (ii) trammel nets, its mesh size in that part of the net having the smallest meshes corresponds to one of the categories specified in Schedule 2. (2) The minimum percentage of target species may be obtained by aggregating the quantities of all the target species caught. • (3) This bye-law shall not apply to catches of salmonids, lampreys or hagfish. 7 Calculation of the percentage of target species 10. (1) The minimum percentage of target species referred to in bye-law 9 shall be calculated as the proportion by liveweight of all sea-fish on board after sorting or on landing. (2) The percentage referred to in paragraph (1) may be calculated on the basis of one or more representative samples. (3) This bye-law shall not apply to catches of salmonids, lampreys or hagfish. GENERAL PROVISIONS ON NETS AND CONDITIONS FOR THEIR USE Sorting 11. Sorting shall be carried out immediately after catches have been removed from the net or nets. Catches in excess of permitted percentages of target species • 12. (1) No person shall land sea-fish caught in excess of permitted percentages specified in Schedule 1, 2 and 4 but shall return them to the sea prior to each landing. (2) No person shall at any time during a fishing voyage and following sorting of the catch have on board a percentage of target species as defined in Schedule 1 and 2 which is less than half of the minimum percentage of the target species referred to in the said Schedules. (3) No person, being the master of a fishing vessel who is required to complete a logbook, shall after the first 24 hours of a fishing voyage has expired have on board less than the minimum percentage of target species as specified in Schedule 1, 2 and 3 at the time of each completion of the logbook in accordance with the conditions laid out in Article 6 of Regulation (EEC) No. 2847/93. Technical devices 13. (1) Subject to paragraph (2), no person shall carry on board or use on any fishing vessel any device by means of which the mesh in any part of the fishing net is obstructed or otherwise effectively diminished. (2) Paragraph (1) shall not apply to those devices of which a list and technical descriptions are specified in Schedule 7, provided that such devices are used in a manner consistent with the purpose and technical descriptions so specified. Restrictions on the use of drift nets 14. (1) No person shall carry on board or use on any fishing vessel one or more drift nets of which the individual or total length is more than 2.5 kilometres. • 8 • (2) No person shall carry on board or use on any fishing vessel one or more drift nets of which the individual or total length is more than 1 kilometre except where (a) the drift net or drift nets remain attached to the vessel; or (b) when a vessel detaches itself from the drift net or drift nets, the vessel keeps such drift net or drift nets under constant observation. PART II MINIMUM SIZE OF SEA-FISH 15. A sea-fish is undersized if its dimensions are smaller than the minimum dimensions specified in Schedule 5 for the relevant species. Measurement, etc. of sea-fish 16. (1) The measurement of the size of a sea-fish shall take place in accordance with the provisions specified in Schedule 6. (2) Where more than one method of measuring the size of a sea-fish is provided for, the sea-fish is considered to be of the minimum size if the application of any one of these methods results in a size equal to o r greater than the corresponding minimum size. (3) No person shall retain on board or land other than whole edible crabs, lobsters, crawfish and bivalve and gastropod molluscs belonging to any such species for which a minimum size is set in Schedule 5. Undersized sea-fish 17. (1) Subject to paragraph (2) and (3), no person shall retain on board or trans-ship, • land, transport, store, sell, display or offer for sale any undersized sea-fish, but shall return them immediately to the sea. (2) Paragraph (1) shall not apply to (a) sardine, anchovy, herring, horse mackerel and mackerel, within a limit of 10% by liveweight of the total catches retained on board of each of these species. The percentage of undersized sardine, anchovy, herring, horse mackerel or mackerel shall be calculated as the proportion by liveweight of all sea-fish on board after sorting or on landing. The percentage may be calculated on the basis of one or more representative samples. The limit of 10% shall not be exceeded during trans-shipment, landing, transportation, storage, display or sale; (b) sea-fish other than those defined in Schedule 1 as target species for the mesh size categories smaller than 16 millimetres or than 16 to 31 • millimetres, and caught with towed gear of a mesh size less than 32 9 millimetres, provided that the said organisms are not sorted and are not sold, displayed or offered for sale for human consumption. (3) Undersized sardine, anchovy, horse mackerel or mackerel caught for use as live bait may be retained on board, provided they are retained alive. PART III SPECIAL PROVISIONS RELATING TO FISHING FOR CERTAIN SEA-FISH Restrictions on fishing for herring 18. (1) Subject to paragraph (2), no person shall retain on board herring which are caught from 21 September to 15 November within that part of the territorial sea lying within that part of ICES Division Vita bounded by the following co-ordinates — the east coast of the Island at latitude 54° 20' N, — latitude 54° 20' N, longitude 3° 40' W, — latitude 53° 50' N, longitude 3° 50' W, — latitude 53° 50' N, longitude 4° 50' W, — the south-west coast of the Island at longitude 4° 50' W. (2) Vessels may retain on board quantities of herring, provided they do not exceed 5% of the total liveweight of the sea-fish on board. (3) No person shall land catches of herring taken with towed nets of minimum mesh size equal to or greater than 32 millimetres for purposes other than direct human consumption except where they are first offered for sale for direct human consumption and fail to find a buyer. Restrictions on fishing for shrimps to protect flatfish 19. (1) Subject to paragraph (3), no person shall retain on board any quantity of common shrimps and Aesop shrimps caught with demersal towed nets having any mesh size between 16 and 31 millimetres, except where the vessel has installed on board a functioning device designed to separate flatfish from common shrimps and Aesop shrimps following capture. (2) Subject to paragraph (3), no person shall, on or after 1 July 2002, use any trawl or net to catch common shrimps or Aesop shrimps other than a separator trawl or a net with a sorting grid. (3) Notwithstanding paragraph (1) and (2), quantities of common shrimp or Aesop shrimp may be retained on board fishing vessels that do not comply with the provisions specified therein, provided that these quantities do not exceed 5% of the total liveweight of the sea-fish on board. 10 Restrictions on fishing for salmon and sea trout 20. No person shall retain on board, trans-ship, land, transport, store, sell, display or offer for sale any salmon or sea trout, but shall return it immediately to the sea when taken. PART IV RESTRICTIONS ON CERTAIN TYPES OF FISHING AND ASSOCIATED ACTIVITIES Unconventional fishing methods 21. (1) No person shall catch or attempt to catch sea-fish using methods incorporating the use of explosives, poisonous or stupefying substances or electrical current. (2) No person shall, for the purposes of catching or killing or attempting to catch or kill sea-fish, otherwise than inboard from a boat or vessel, use any of the following mechanical or manual equipment, instruments or devices (a) a fish spear in excess of four feet in length; (b) an harpoon; (c) a speargun or any device for launching a spear, arrow or other projectile by any means, nor have any such equipment in his possession in such circumstances as to satisfy the Court before which he is charged that he intended at the time to catch or kill sea-fish by means thereof. Restrictions on the use of automatic grading equipment 22. (1) Subject to paragraph (2), no person shall carry or use on board a fishing vessel equipment which is capable of automatically grading by size or by sex herring or mackerel or horse mackerel. (2) Paragraph (1) shall not apply to the carrying and use of such equipment where (a) the vessel does not simultaneously carry or use on board either (i) towed gear of mesh size less than 70 millimetres; or (ii) one or more purse seines or similar fishing gears; or • 11 (b) (i) the whole of the catch which may be lawfully retained on board is stored in a frozen state, the graded fish having been frozen immediately after grading and no graded fish having been returned to the sea except as required by bye-law 17; and (ii) the equipment is installed and located on the vessel in such a way as to ensure immediate freezing and not to allow the return of sea-fish to the sea. Restrictions on the use of purse seines 23. No person shall undertake any encirclement with purse seines of any school or group of marine mammals. Restriction on beam trawling 24. (1) Subject to paragraph (2), no person shall fish using any beam trawl. (2) Paragraph (1) shall not apply to (a) a vessel which entered into service before 1 January 1987 and, except for vessels fishing for crustaceans, of which the engine power does not exceed 221 kilowatts and, in the case of derated engines, did not exceed 300 kilowatts before derating; (b) a vessel which entered into service after 31 December 1986 of which the engine is not derated, of which the engine power does not exceed 221 kilowatts and of which the overall length does not exceed 24 metres; (c) a vessel which had its engine replaced after 31 December 1986 with an engine which is not derated and the engine power of which does not exceed 221 kilowatts. (3 ) No person shall on any fishing vessel to which paragraph (2) applies use beam trawls the aggregate beam length of which, measured as the sum of the length of each beam, is greater than nine metres, or can be extended to a length greater than nine metres, except when operating with gear having a mesh size between 16 and 31 millimetres. The length of a beam shall be measured between its extremities including all attachments thereto. (4) No person shall carry on board a vessel to which paragraph (2) does not apply a beam trawl net except where it is lashed and stowed in accordance with the provisions specified in Article 20(1) of Regulation (EEC) No. 2847/93. • • • 12 PART V TECHNICAL PROVISIONS Processing operations 25. (1) Subject to paragraph (2), no person shall carry out on board a fishing vessel any physical or chemical processing of fish to produce fish-meal, fish-oil or similar products, or trans-ship catches of fish for such purposes. (2) Paragraph (1) shall not apply to (a) the processing or trans-shipment of offal; or (b) the production on board a fishing vessel of surimi and fish pulp. • Scientific research, artificial restocking and transplantation 26. No person shall sell, store, display or offer for sale sea-fish caught for (a) scientific purposes; or (b) for stocking or breeding purposes. under section 2(2) of the Sea-Fisheries Act 1971 except where such sea-fish are of the minimum dimensions specified in Schedule 5. PART VI FINAL PROVISIONS • Observance of other bye-laws 27. Nothing in these Bye-laws shall be taken as exempting any person from the provisions of the Sea-Fisheries (Consolidation) Bye-laws 1984(a) as amended by these Bye-laws or from the provisions of the Sea-Fisheries (Experimental Area) Bye-laws 1989(b), the Sea-Fisheries (Lobster and Crab Etc. Licensing) Bye-laws 1991(c), the Sea Fisheries (Whelk Licensing, Etc.) Bye-laws 1994(d) and the Sea-Fisheries (Scallop Fishing) Bye-laws 1999. (a) G.C. No. 270/84, as amended by G.C. No. 32/85, G.C. No. 121/86, G.C. No. 364/86, G.C. No. 76/87, G.C. No. 155/87, G.C. No. 322/87, G.C. No. 28/88, G.C. No. 325/88, G.C. No. 160/90, G.C. No. 353/91, S.D. No. 279/93, S.D. No. 278/94, S.D. No. 653/96 and S.D. No. 185/99 (b) S.D. No. 62/89 (c) S.D. No. 354/91, as amended by G.C. No. 354/91, S.D. No. 278/94 and S.D. No. • 185/99 (d) S.D. No. 279/94 13 Offences 28. Any person who is in breach of bye-law 3(1), 3(2), 3(3), 3(4), 3(5), 3(6), 4(2), 5(1), 5(3), 5(4), 6(2), 6(4), 6(5), 7(1), 7(2), 8(1), 9(1), 12(1), 12(2), 12(3), 13(1), 14(1), 14(2), 16(3), 17(1), 18(1), 18(3) 19(1), 19(2), 20, 21(1), 21(2), 22(1), 23, 24(1), 24(3), 24(4), 25(1), or 26 shall be guilty of an offence and shall be liable (a) on conviction on information to a fine; (b) on summary conviction to a maximum fine of £50,000. Revocation 29. The document specified in Schedule 8 is revoked to the extent shown in column 3 of the Schedule. • • • • 14 bye-laws 2, 3, 4, 12 and 17 SCHEDULE 1 TOWED GEARS Mesh size ranges, target species, and required cat percentages applicable to the use of a single mesh size range. Target species (For explanation of notes number in brackets, see below) Mesh size range (millimetres) <16 16 to 31 32 to 54 55 to 69 70 to 79 80 to 99 > 100 mum species 95 90/ 60 (1) 60 30 90/ 60 (2) 90 35 30 70 No ne Sand eels (Ammodytidae) x X x x x x x Norway pout (Trisopterus esmarkii) Smelt (Atherina spp. and Osmerus spp.) Poor cod (Trisopterus minutus) Silvery cod (Gadus argenteus) Red bandfish (Cepolidae) Sprat (Sprattus sprattus) Eel (Anguilla anguilla) Anchovy (Engraulis encrasicholus) Blue whiting (Micromesistius poutassou) Argentines (Argentinidae) Sardine (Sardina pilchardus) Shrimps/Common prawns(Pandalus montagui, Crangon spp., Palaemon spp.) X X X X X X X X X X X x X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X Mackerel (Scomber spp.) 0 Horse mackerel (Trachurus spp.) Herring (Clupea harengus) Squids (Loliginidae, Ommastrphidae) 0 Garfish (Belone spp.) 0 Bib (Trisopterus luscus0 0 Prawns (Pandalus spp., Parapenaeus 0 longirostris) x X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X Conger (Conger conger) 0 5., Weevers (Trachinidae) 0 y Gurnards (Triglidae) Y Octopus (Octopus vulgaris) 0 y Squat lobsters (Galatheidae) 0 y Norway lobster (Nephrops norvegicus) 0 y X X X X X X X X X X X X X X X X X X X X X X X X 15 • Target species (For explanation of notes numbered in brackets, see below) Mesh size ran e (millimetres) <16 16 to 31 32 to 54 55 to 69 70 to 79 80 to 99 > 100 Minimum percenta of target species 95 90/ 60 (1) 60 30 90/ 60 (2) 90 35 30 70 No ne Sole (Solea vulgaris) Plaice (Pleuronectes platessa) Hake (Merluccius merluccius) Megrim (Lepidorhombus spp.) Whiting (Merlangius merlangus) Brill (Scophthalmus rhombus) 0 y 0 y 0 y 0 y 0 y 0 y X X X X X X X X X X X X Pollack (Pollachius pollachius) Dab (Limanda limanda) Cuttlefish (Sepia officinalis) Sea bass (Dicentrarchus labrax) Flounder (Platichthys flesus) Lemon sole (Microstomus xxx) Dogfish (Scyliorhinidae) Witch (Glyptocephalus cynoglossus) John Dory (Zeus faher) Queen scallop (Chlamys opercularis) (3) Variegated scallop (Chlamys varia) Red mullets (Mullidae) Grey mullets (Mugilidae) Grenadiers (Nezuma spp., Trachyrhynchus spp., Malacocephalus spp Hairtails (Trichuridae) Anglers (Lophiidae) Skates and rays (Raiidae0 Sea breams (Sparidae) Turbot (Psetta maxima) 0 y 0 y 0 y 0 y 0 y 0 y 0 y 0 y 0 y 0 y 0 y 0 y 0 y 0 y 0 y 0 y 0 y 0 y 0 y ., X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X All other sea-fish x Notes (1) The catch retained on board must consist of at least 90% of any mixture of two or more target species; or — at least 60% of any one of the target species and no more than 5% of any mixture of cod, haddock and saithe and no more than 15% of any mixture of the species marked with the symbol "0". (2) The catch retained on board must consist of at least 90% of any mixture of two or more target species; or — at least 60% of any one of the target species and no more than 5% of any mixture of cod, haddock and saithe and no more than 15% of any mixture of the species marked with the symbol "y". 16 • (3) The provisions of the Sea-Fisheries (Scallop Fishing) Bye-laws 1996 apply to fishing with dredges for queen scallops. 17 bye-law 9 and 12 SCHEDULE 2 • FIXED GEARS Species Mesh size range to to 30 mm 50 to 70 111171 90 to 99 111111 100 to 119 mm 120 to 219 mm > 220 mm Sardine (Sardina pilchardus) Eel (Anguilla anguilla) Sprat (Sprattus sprattus) X X X X X X I X X X X X X X X X X X X Horse mackerel (Trachurus spp.) Herring (Clupea harengus) Mackerel (Scomber spp.) Red mullets (Mullidae) Garfish (Belone spp.) > < X X X X X X X X X X X X X X X X X X X X X X X X Sea bass (Decentrarchus labrax) Grey mullets (Mugilidae) x x x x x x x x Dab (Limanda limanda) Haddock (Melanogrammus aeglefinus) Whiting (Merlangius merlangus) Flounder (Platichthys flesus) Sole (Solea vulgaris) Plaice (Pleuronectes platessa) Cuttlefish (Sepia officinalis) X X X X X X X X X X X X X X X X X X X X Cod (Gadus morhua) Pollack (Pollachius pollachius) Ling (Molva molva) Saithe (Pollachius virens) Hake (Merluccius merluccius) Picked dogfish (Squalus acanthial) Spotted dogfish (Scyliorhinus spp.) Megrim (Lepidorhombus spp.) Lumpsucker (Cyclopterus lumpus) X X X X X X X X X X X X X X X X X X All other sea-fish x (1) Note (1) Catches of monkfish (anglerfish - Lophius spp.) taken and retained on board in excess of 30% of the total catch on board must be taken with a minimum mesh size of 250 mm or greater. 18 0 bye-law 3 and 12 SCHEDULE 3 PERMITTED COMBINATIONS OF MESH SIZE RANGES Millimetres < 16 + 16 to 31 16 to 31 +32 to 54 16 to 31 +70 to 79 16 to 31 +80 to 99 16 to 31 + 100 32 to 54 + 70 to 79 32 to 54 + 80 to 99 32 to 54 + 100 70 to 79 + 80 to 99 70 to 79 + 100 80 to 99 + 100 19 bye-law 3, 4 and 12 SCHEDULE 4 to CONDITIONS FOR USE OF CERTAIN COMBINATIONS OF MESH SIZE 1. Mesh size combination: 16 to 31 mm. +'- 100 mm. The catch retained on board or landed shall consist of at least 50% of any mixture of shrimps and common prawns (Pandalus montagui, Crangon spp. and Palaemon spp.) 2. Mesh size combination: 32 to 54 mm. +- 100 mm. The catch retained on board or landed shall consist of at least (a) 20% of any mixture of shrimps and prawns (Crangon spp., Pandalus spp. and Parapenaeus longirostris); or (b) 50% of any mixture of those sea-fish indicated in Schedule 1 as the target species for mesh sizes between 32 and 54 mm. with the exception of shrimps and prawns (Crangon spp., Pandalus spp., Palaemon spp. and Parapenaeus longirostris) and of no more than 15% of any mixture of the species marked in Schedule 1 with the symbol "y”. 3. Mesh size combination: 70 to 79 mm. + ? 100 mm. The catch retained on board or landed shall consist of at least 10% of any mixture of those sea-fish indicated in Schedule 1 as the target species for mesh sizes between 70 and 70 mm. 4. Mesh size combination: 80 to 99 mm. + ? 100 mm. The catch retained on board or landed shall consist of at least 50% of any mixture of those sea-fish indicated in Schedule 1 as the target species for mesh sizes between 80 and 99 mm. 20 Species Minimum size Anchovy (Engraulis encrasicolus) Bass (Dicentrarchus labrax) Bean Solen (Pharus legumen) Blue Ling (Molva dypterygia) Carpetshell (Venerupispullastra) Clam (Venus verrucosa) Cod (Gadus morhua) Crawfish (Palinurus spp.) Deepwater Rose Shrimp (Parapenaeus longirostirs) Donax clams (Donax spp.) Edible crab (Cancer pagurus) Grooved carpetshell (Ruditapes decussatus) Haddock (Melanogrammus aeglefinus) Hake (Merluccius merluccius) Hard clam (Callista chione) Herring (Clupea harengus) Horse mackerel (Trachurus spp.) Ling (Molva molva) Lobster (Homarus gammarus Mackerel (Scomber spp.) Megrim (Lepidorhombus spp.) 12 cm. 36 cm. 65 mm. 70 cm. 38 mm. 40 mm. 35 cm. 110 mm. 22 mm. 25 mm. 130 mm. 40 mm. 30 cm. 27 cm. 6 cm. 20 cm. 15 cm. 63 cm. 87 mm. 20 cm. 20 cm. * bye-law 15, 16 and 26 SCHEDULE 5 MINIMUM SIZES 21 Species Minimum size Norway lobster (Nephrops norvegicus) total length 70 mm. Norway lobster (Nephrops norvegicus) tails 37 mm. Norway lobster (Nephrops norvegicus) carapace length 20 mm Octopus 750 grammes Plaice (Pleuronectes platessa) 27 cm. Pollack (Pollachius pollachius) 30 cm. Queen scallop (Chlamys spp.) 40 mm. Razor clam (Ensis spp., Pharus legumen) 10 cm. Saithe (Pollachius virens) 35 cm. Sardine (Sardina pilchardus) 11 cm. Scallop (Pecten maximus) 110 mm. Short-necked clam (Ruditapes philippinarum) 40 mm. Sole (Solea vulgaris) 24 cm. Spinous spider crab (Mala squinado) - cock crab 130 mm. hen crab 120 mm. Surf clams (Spisula solidissima) 25 mm. Velvet crab (Necora puber or Liocarcinus puber) 65 mm. Whelk (Buccinum undatum) 70 mm. Whiting (Merlangius merlangus) 27 cm. • 22 bye-law 16 SCHEDULE 6 MEASUREMENT OF THE SIZE OF A SEA-FISH 1. The size of any fish shall be measured as shown in Figure 1, from the tip of the snout to the end of the tail fin. 2. The size of Norway lobster shall be measured as shown in Figure 2: — as the length of the carapace, parallel to the midline, from the back of either eye socket to the distal edge of the carapace, and/or — as the total length, from the tip of the rostrum to the rear end of the telson, not including the setae; and/or • —.in the case of detached Norway lobster tails, from the front edge of the first tail segment present to the rear end of the telson, not including the setae. The tail shall be measured flat, unstretched and on the dorsal side. 3. The size of a lobster or crawfish shall be measured as shown in Figure 3, as the length of the carapace, parallel to the midline, from the back of either eye socket to the distal edge of the carapace. 4. The size of a spinous spider crab shall be measured as shown in Figure 4, as the length of the carapace, along the midline, from the edge of the carapace between the rostrums to the posterior edge of the carapace. 5. The size of an edible crab shall be measured as shown in Figure 5, as the maximum width of the carapace measured perpendicular to the antero-posterior midline of the carapace. 6. The size of any bivalve mollusc shall be measured as shown in Figure 6, across the • longest part of the shell. 7. The size of a whelk shall be measured as shown in Figure 5 as the length of the shell. • 23 Figure 1 I Figure 2 11$ 111 (Nephrops) (Homarus) Norway lobster Lobster (a) Carapace length (b) Overall length I) 24 (Maia squinado) Spinous spider crab Figure 5 b) (Cancer pagurus) Edible crab (a) Maximum width of carapace (b) Length of carapace (c) Length of claw 25 e Ili' 1 111311 111 gin NO11.1711..1 111* Figure 6 (Venus verrucosa) Clam (a) Maximum length of the shell Figure 7 11. 26 bye-law 13 SCHEDULE 7 ATTACHMENT OF DEVICES TO DEMERSAL TRAWLS, DANISH SEINES AND SIMILAR TOWED NETS 1. Definitions of certain technical terms, devices or constructions which may normally form an integral part of, or may be used in conjunction with, a trawl. S (a) Codend The codend is the rearmost part of the trawl, having either a cylindrical shape, i.e. the same circumference throughout, or a tapering shape. The codend includes the codend stricto sensu and the lengthening piece. (b) Codend stricto sensu The codend stricto sensu is made up of one or more panels (pieces of netting) of the same mesh size attached to one another along their sides in the axis of the trawl by a lacing where a lacing rope may also be attached. (c) Lengthening lace The lengthening piece is made of one or more panels located just in front of the codend stricto sensu. (d) Strengthening lacing A strengthening lacing is made of rows of meshes which may be laced together in order to strengthen the netting. (e) Lacing rope A lacing rope is defined as rope running lengthwise along the join between two pieces of netting in the direction of the axis of the trawl. (f) Float A float is a buoyant unit used to give lift or to mark the position of a trawl, or both. (g) Kite A kite is a unit used to give lift to the trawl. (h) Electro-mechanical devices Devices such as transducers which are used to provide information about the • position of the net in the water and the extent to which it is filled with fish. 27 2. Definitions of certain devices which may be attached to trawls and which are liable to obstruct the mesh in any part of a trawl or to diminish the dimension of the mesh, and the conditions under which they may be used. • (1) Bottom-side chafer The purpose of a bottom-side chafer is to protect the underside of the trawl from wear and tear. (a) A bottom-side chafer may be formed of any piece of canvas, netting or any other material. (b) More than one bottom-side chafer may be used at the same time and they may overlap. (c) Bottom-side chafers may be attached only to the outside of the trawl and only to the lower half of any part of the trawl. They may be fastened only at their front and side edges. (d) If strengthening bags or chafing pieces are used, the bottom-side chafer may be attached only outside the strengthening bags or chafing pieces and in the manner specified in paragraph (c). (2) Top-side chafer The purpose of a top-side chafer is to protect the top or side panels of the codend from wear and tear should the rear end of the trawl twist along its axis during fishing operations. (a) The use of either of two types of top-side chafer, designated type A and type B, is permitted. (b) A type A top-side chafer may be formed of any rectangular piece of netting which has a mesh size equal to at least that the codend. Its width shall be at least one and a half times the width of the codend which is covered, such widths to be measured perpendicular to the long axis of the codend. It may be attached by its forward and lateral edges only to the upper half of the outside of the codend. If a lifting strap is fitted to the codend, the top-side chafer shall be fastened in such a manner that it does not extend more than four meshes forward of the rear lifting strap. If a lifting strap is not fitted the top-side chafer shall be fastened in such a manner that it does not cover more than the last rear third of the codend. In both cases the top-side chafer shall end not less than four meshes in front of the codline. (c) A type B top-side chafer may be formed of any rectangular piece of netting which must be made of twine which has the same diameter as that of which the codend is made and have a mesh size equal to twice that of the codend. It may completely cover the upper half of the 28 • • codend stricto sensu; it shall be attached only at its four edges in such a way that, at the points of attachment, the side of each mesh coincides with two sides of the meshes of the codend. (d) It is prohibited to use more than one top-side chafer at any time. (e) It is prohibited to use a top-side chafer together with strengthening bags except for trawls having a mesh size equal to or less than 60 millimetres. (3) Strengthening bag The purpose of a strengthening bag is to strengthen the codend and to prevent it from bursting when filled with fish and when the trawl is hauled on board. (a) A strengthening bag is a cylindrical piece of netting completely surrounding the codend of a trawl and which may be attached to the codend at intervals. It shall have at least the same dimensions (length and width) as that part of the codend to which it is attached. (b) It is prohibited to use more than one strengthening bag except when attached to trawls having a mesh size equal to or less than 60 millimetres, for which two strengthening bags may be used. (c) The mesh size shall be equal to at least twice that of the codend. If a second strengthening bag is used, its minimum mesh size shall be 120 millimetres. (d) It is prohibited to attach a strengthening bag to trawls having a mesh size larger than 70 millimetres. (e) It is prohibited to use a strengthening bag and a top-side chafer simultaneously. (f) It is prohibited to use a strengthening bag of which the mesh size is less than 80 millimetres. (g) It is prohibited to use more than one strengthening bag except when attached to trawls having a mesh size of less than 16 millimetres, for which two strengthening bags may be used. Notwithstanding sub paragraph (f), the mesh size of one of these strengthening bags may be less than 80 millimetres but not less than 35 millimetres. (h) It is prohibited to use strengthening bags which extend forward of the codend. (i) If a strengthening bag is constructed of sections of cylindrical netting, the sections may not overlap by more than four meshes at the points of attachment. 29 Strengthening bags attached to trawls having a mesh size greater than 60 millimetres shall not extend more than two metres in front of the rear lifting strap. (k) Notwithstanding sub-paragraph (a), strengthening bags smaller than the dimensions of the codend may be attached to nets having a mesh size equal to or less than 60 millimetres. (4) Chafing or protection piece The purpose of a chafing piece is to prevent the lifting strap from cutting the netting of the codend. (a) A chafing or protection piece is a short cylindrical piece of netting with the same circumference as the codend or strengthening bags, if any, and which surrounds the codend or the strengthening bags at the points of attachment of the lifting strap. (b) It is prohibited to use a chafing piece if a lifting strap is not attached to the codend. (c) It is prohibited to use a chafing piece which is more than one metre long. (d) The chafing piece may be attached only in front of and behind each lifting strap. (e) The mesh size of the chafing piece shall be at least equal to that of the codend. ( 1) The circumference of the chafing piece shall be compared to that of the codend or the strengthening bags, if any, by stretching them with the same force. (5) Codline The purpose of a codline is to close the codend. (a) A codline is a rope making it possible to close the rear of the codend and/or strengthening bags by means of either a knot which can be easily loosened or a mechanical device. (b) The codline shall be attached at a distance which is not more than one metre from the rear meshes of the codend, which may be folded back into the codend. However, if a `torquette' complying with paragraph (11) is attached, the codline shall be passed through the rearmost meshes of the codend. • 30 A (c) More than one codline may be used per trawl. A codline may not enclose a bottom-side chafer or top-side chafer. (6) Lifting straps The purpose of a lifting strap is to make it possible to close off the rear section of the codend in order to facilitate its loading aboard. (a) A lifting strap is a piece of rope or wire loosely encircling the circumference of the codend or the strengthening bag, if any, and attached to it by means of loops or rings. More than one lifting strap may be used at any time. (b) Their minimum length shall conform to the same rules as those governing round straps, as defined in paragraph (7), except that the lifting strap nearest to the codline may be shorter. (7) Round straps The purpose of a round strap is to limit the extension of the diameter of the codend. (a) Round straps are ring-shaped ropes which encircle the codend or the strengthening bag at regular intervals and which are attached to it. (b) The length of a round strap shall be not less than 40% of the circumference of the codend, the circumference being measured as the product of the number of meshes in the circumference of the codend multiplied by the actual mesh size, except for the rearmost round strap called the 'back strap' if it is attached not more than two metres from the codline meshes, measured when the meshes are stretched lengthwise. (c) The distance separating two successive round straps shall be not less than one metre. (d) A round strap may encircle the strengthening bags but may not encircle a top-side or bottom-side chafer. (8) Flapper The purpose of a flapper is to allow catches to pass from the front to the back of the trawl but limit their possibility of return. (a) A flapper is a piece of netting with a mesh size at least equal to that of the codend, fastened inside a trawl, in such a way that it allows catches to pass from the front to the rear of the trawl but limits their possibility of return. 31 (b) The flapper shall be attached at its front end and may be attached at its lateral edges inside the codend or in front of the codend. (c) 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. (9) Sieve netting The purpose of sieve netting is to catch fish, shrimps, or other species selectively. (a) A sieve netting is a piece of netting with a mesh size which must be at least twice the mesh size of the codend. (b) The sieve netting shall be attached inside the trawl in front of the codend and shall not extend into the codend by more than one-third of the length of the codend. It may be attached to the trawl at all edges. (c) Up to two pieces of sieve netting may be used at the same time, provided that these are attached to the upper half and lower half of the trawl respectively and do not overlap at any point. (10) Strengthening ropes The purpose of a strengthening rope is to strengthen the trawl, or to prevent stones and debris from reaching the codend. (a) A strengthening rope is any rope, other than a lacing rope, attached to any part of the trawl. (b) It is prohibited to attach strengthening ropes inside the codend. • (1 1) Torquette' The purpose of a torquette is to improve the closing of the codend by the codline. (a) A `torquette is a piece of netting fixed inside the codend at its rear end. The `torquette may be folded back into the codend. (b) The mesh size shall not be less than the mesh size of the codend. (c) The `torquette shall be attached at its forward edge only and no further forward than the last five meshes of the codend and shall not extend backwards more than one metre from the rear of the last meshes of the codend. • I 32 • (12) Median lacing of a trouser codend The purpose of the trouser codend is to reduce the risk of a total loss of catches when fishing on rough grounds. Meshes may be laced together in order to build a trouser codend, by joining lengthwise the upper and lower halves of a codend. 33 . 0 v bye-law 29 SCHEDULE 8 REVOCATION OF PUBLIC DOCUMENT G.C. No. Title of Public Document Extent of Revocation 270/84 Sea-Fisheries (Consolidation) Bye-laws 1984 Bye-law 4, 4B, 5, 10(1)(a), 10(1)(b), 10(1)(bb), 11(1)(a), 13, Schedule 1, Schedule 3 and Schedule 4 Made 30 October 2000. Alex F Downie, MHK Minister for Agriculture, Fisheries and Forestry 34 • EXPLANATORY NOTE (This note is not part of the Bye-laws) These Bye-laws regulate the carriage of certain nets and other fishing gear in registered fishing vessels registered in the Isle of Man, the United Kingdom or the Channel Islands and restricts the manner in which such nets and gear may be used. The Bye-laws (a) regulate the mesh sizes, combination, carriage and use of towed nets which may be used in respect of target species, and specify the composition of catches which are permitted for each range of mesh size (bye-law 3 and Schedule 1, 3 and 4); (b) regulate the way in which composition of catches taken with a towed net (bye-law 4 and Schedule 1 and 4); and with fixed gear (bye-law 10 and Schedule 2) shall be calculated; (c) regulate carriage and use of nets (bye-law 7) with reference to the construction of the 41111 codend of a towed net (bye-law 5 and 8), the insertion of square-mesh panels in towed nets (bye-law 6), and the carriage and use of bottom set gill nets (bye-law 9 and Schedule 2) and drift nets (bye-law 14); (d) regulate the sorting and retention on board or return to the sea of catches (bye-law 11 and 12 and Schedule 4); (e) regulate the carriage or use of technical devices with nets (bye-law 13 and Schedule 7); (f) prohibit the retention, trans-shipment or landing of sea-fish less than specific minimum sizes (bye-law 15 and Schedule 5 and bye-law 17), and the way in which sea-fish are to be measured (bye-law 16 and Schedule 5 and 6); (g) provide particular restriction with respect to fishing for herring (bye-law 18), shrimp (bye-law 19) and salmon and sea trout (bye-law 20); (h) provide restrictions on the use of unusual fishing methods (bye-law 21); (i) restrict the use of automatic grading equipment (bye-law 22), purse seines (bye-law 23) and beam trawls (bye-law 24); (j) regulate certain processing operations on board a fishing vessel (bye-law 25); • (k) regulate the sale of sea-fish caught for scientific purposes and for artificial restocking and transplantation(bye-law 26 and Schedule 5); (1) provide that nothing in the Bye-laws shall be taken as exempting any person from the provisions of other existing bye-laws (bye-law 27); (m) provide for offences and fines on conviction (bye-law 28); and (n) revoke certain parts of the Sea-Fisheries (Consolidation) Bye-laws 1984 (bye-law 29 and Schedule 8). 35