Fishery
Rules of the International Baltic Sea Fishery Commission
Revised version following the 27th
Session amendments
Rule 1
The Rules shall apply to the area defined by the Convention. This area
is divided into eleven Sub-divisions as described in Annex I. Sub-divisions are
further broken down by the ICES statistical rectangles as shown in Appendix I
to Annex I.
Rule 2
2.1 With a view to achieve a better
utilization of existing fishing possibilities of the fish stocks subject to
regulations agreed by the Baltic Commission, transfers can be made between
Contracting Parties.
Contracting Parties shall not later than 1 February inform the
Commission of quota transfers and exchanges of quotas with other Contracting
Parties or third countries. Contracting Parties shall inform the Commission on
any other quota transfers or quota exchanges during the year not later than one
month after the transaction.
Vessels flying a flag other than the one of the Contracting Party in
whose waters they are fishing, outside a fisheries agreement between
Contracting Parties or with a third country, shall have a specific
authorization for a defined fishing activity from the official authorities of
that Contracting Party and the flag state. The relevant authorities of the
Authorizing Contracting Party under whose quota the fishing shall take place
shall, prior to the commencement of the fishery, communicate to the IBSFC
Secretariat the conditions under which this fishery can take place, specifying:
·
the species
·
the quantities in live weight
·
the period of the fisheries
·
the name(s) of the vessel(s)
A reference to the written authorization must be made in the logbook.
When landing the catch the written authorization to fish in that Contracting
Party's zone must be shown on request to the competent control authorities.
A Contracting Party shall not later than 1 February provide the
Commission with a list of vessels authorized to fish Cod in the Baltic Sea
under its quota.
Contracting Parties shall inform the Commission on any changes to the
list not later than 3 days before the changes to the list become effective.
The Commission shall circulate any such information received to all
Contracting Parties without delay.
2.2 Contracting Parties shall for
species managed by IBSFC TACs, provide the Commission with monthly catch
statistics broken down by Fishery Zone and Management Area for fishing by their
own vessels. Communication of these statistics shall take place at the latest
on the last day of each month for the preceding month.
2.3 Contracting Parties shall, through
the relevant authorities, provide other Contracting Parties with monthly statistics
broken down by vessel, Fishery Zone, Management Area and species managed by
IBSFC TACs for landings by vessels from the relevant Contracting Party,
including landing of catches obtained under arrangements outside fisheries
agreements between the Contracting Parties or with a third country.
Contracting Parties shall provide the Commission with monthly statistics
on landings of other Contracting Parties, broken down by Fishery Zone and
species managed by IBSFC TACs.
Communication of these statistics shall take place at the latest on the
last day of each month for the preceding month.
A Contracting Party shall also refuse landings of Cod which have been
transshipped.
2.4 The Commission shall circulate
information received under 2.1 to 2.3 to the Contracting Parties at the latest
by the seventh day of the following month.
A Contracting Party shall refuse landings of vessels from other
Contracting Parties of species of which the relevant national quota is
exhausted.
2.5. <!---First def list -->
I. For these purposes, vessels from 12 to 17 meters overall length absent
from harbour for more than 24 hours at a time and all vessels of more than 17
meters overall length, regardless of their time of operation, shall maintain a
fishing log which shall include the following information:
<LH>a) General</LH>
name of the vessel
registration number of the vessel
call sign
name of the pair vessel
registration number of the pair
vessel
name and signature of the master
<LH>b)
Data concerning each fishing effort (haul of trawl, net, etc.) </LH>
day-month-year
the number of the fishing effort
position (ICES rectangles in
Appendix I to the Baltic Fishery Rules)
fishery zone
fishing gear type (number of nets
and hooks used)
smallest utilized mesh opening and
hook size (i.e., for hooks = the minimum
distance between the point and
shaft/the gap/)
time of the fishing effort in hours and minutes
including soak time (start and recovery) for the Cod gillnet fishery
catch retained on board according
to species indicating in Kgs the weight of
each species
catch discarded according to each
species per each fishing effort indicating
in kgs the weight of each species.
II. The log-book sheets are to be paginated and made in minimum three
copies.
<LH>These
copies are to be distributed as follows: </LH>
one copy of each page should
remain in the log-book,
another copy should be given for
information to the authorities of the flag state of the fishing vessel,
the third copy is to be in the
English language; this copy of the relevant page may be withdrawn by the
fishery inspecting personnel in cases of apparent infringements only.
III. Every fishing log-book of a Contracting Party will be recognized by other
Contracting Parties irrespective of its form and shape, as long as it contains
the data specified in Rule 2.5. Additional data not specified in Rule 2.5 may
also be included if required by the local authorities.
2.6 Vessels of less than 12 meters overall length regardless of their time
of operation, and vessels from 12 to 17 meters overall length absent from
harbour for less than 24 hours at a time shall supply information as specified
by the competent national authority.
2.7 Notwithstanding the requirements of Article 2.5.I all vessels
engaged in the Cod gillnet fishery shall maintain a written record of their
fishing effort specifying the soak time of the nets in hours and minutes
counting from the time the nets are first put in the water to the time when the
nets are fully recovered on board of the fishing vessel.
Rule 3
It is prohibited:
3.1. to conduct specialized fishery for
Cod and Flatfish for industrial purposes (reduction) and animal fodder,
3.2. gear that may not be used within a
certain area or during a certain period shall be stowed away on board in such a
manner that it is not ready for use in the prohibited area or during the
prohibited period. Gear which may be kept on board only as a reserve gear shall
be stowed away in such a manner that it is not ready for use.
Trawl-fishing gear shall be
considered not ready for use if:
a) the trawl boards are made fast to the inner or outer side of the
bulwark or the gallows,
b) sweep lines or wraps are unshackled from the trawl boards or weights.
Purse-seine shall not be considered ready for use if the main (bottom) wire is
unshackled from the seine.
Gear for Salmon-fishing shall not be considered ready for use if:
a) the nets are stowed under a lashed cover,
b) the lines and hooks are kept in closed boxes.
The allowed reserve gears shall be kept separated from the gears in use.
3.3. to use explosive, toxic or narcotic
substances for the purpose of catching fish,
3.4. to use
anchored of drifting gear without marking it with buoys or other identification
marks of a standard type.
3.5 in Cod
gillnet fishery:
a.
to use nets which will exceed a
maximum length of 12 km for vessels with an overall length of up to and including
12 meters
b.
to use nets which will exceed a
maximum length of 24 km for vessels with an overall length of more than 12
meters
c.
exceed 48 hours of soak time of the
nets counting from the time the nets are first put in the water to the time
when the nets are fully recovered on board of the fishing vessel.
Rule 4
4.1. It shall be prohibited to retain on
board the following species of fish which have been taken in the waters and
during the periods listed below:
|
<TBODY>species |
waters |
period of prohibition |
|
Female Flounder |
Sub-division 22 except for the special region
identified under item 9 of the Final Act of the Baltic States Diplomatic
Conference |
1 February to 30 April |
|
Flounder |
Sub-divisions 26, 28 and 29 south of latitude 59o
30' N |
15 February to 15 May |
|
Flounder |
Sub-division 32 |
1 February to 30 June |
|
Female Plaice |
Sub-division 22 except for the special region
identified under item 9 of the Final Act of the Baltic States Diplomatic
Conference, and Sub-divisions 24 and 25 |
1 February to 30 April |
|
Plaice |
Sub-division 26, 27, 28 and 29 south of latitude
59o30' N |
15 February to 15 May </TBODY> |
4.2. By way of derogation from the
provisions of paragraph 1, by-catches of Flounder and Plaice in fishing for
Cod, taken during the periods of prohibition referred to in that paragraph, may
be retained on board within a limit of 10 percent by weight of the total catch
of Cod on board of the vessel *
4.4. It is prohibited to fish or keep on
board Turbot (Scophtalmus maximus) and Brill (Scophtalmus rhombus) in
Sub-divisions 22,24,25 and 26 from June 1 to July 31.
Rule 5
Acclimatization and fishing for acclimatized fish and sturgeon species
shall be subject to the approval of the Commission.
Rule 6
The total length of the fish is determined by measuring the fish from
the tip of the snout (with mouth closed) to the extreme end of the tail fin.
Rule 7
It is prohibited to conduct specialized fishery, to collect, land, sell,
process or store fish having, when fresh, a total length less than specified
below (undersized fish), except in cases provided for by Rule 8 (in cm):
- Cod, south of the 59o30'N latitude 35
- Flounder in Sub-divisions 22 to 25
25
- Flounder in Sub-divisions 26 to 28 21
- Flounder in Sub-divisions 29 and 32,
south of the 59o30'N latitude 18
- Plaice in Sub-divisions 22 to 25 25
- Plaice in Sub-divisions 26 to 28 21
- Plaice in Sub-division 29, south
of the 59o30'N latitude 18
- Turbot and Brill 30
- Eel 35
Rule 8
8.1. No by-catches of undersized fish
shall be kept on board
8.2. By-catch of Cod in Herring and
Sprat fishing shall not exceed 3% by weight. No more than 5% of this Cod
by-catch shall be undersized.
8.3. * Discarding of Herring is
prohibited.
Rule 9
9.1 It is prohibited to use trawls,
danish seines or gillnets having a mesh opening (measured when wet) smaller
than that specified for the fisheries listed below:
|
a) Cod: (i)gillnets (until
1st September 2002) (implemented from 1st September 2002) (ii)Trawls
and danish seines with mesh size equal or larger than 105 mm applying BACOMA window with
mesh size of and with
specifications as laid down in Annex IV (iii) Trawls
and danish seines with mesh size equal or larger than made of polyamide in the extension and the codend
and with single twine thickness of no more than 4.5 mm which may be used in
own fishery zone (iv) Trawls
and danish seines with mesh size equal or larger than made of all other materials with a single twine
thickness of no more than 6 mm or with double twine thickness of no more than
4 mm. |
105 mm 110 mm 120 mm 125 mm 130mm</TBODY> |
|
b) Flatfish in Sub-divisions 22 to 27 fished with
gillnets, normal trawls and danish seines |
120 mm**)***) </TBODY> |
|
c) Flatfish in Sub-division 28, fished with
gillnets, normal trawls and danish seines |
110 mm </TBODY> |
|
d) Flatfish in Sub-divisions 29 and 32, south of
latitude 59o30'N fished with gillnets |
100 mm |
|
e) Flatfish fished with trawl and danish seines with
special selectivity devices as specified in Rule 9.1a) |
105 mm*) </TBODY> |
|
f) Herring in Sub-divisions 22 to 27 |
32 mm </TBODY> |
|
g) Herring in Sub-divisions 28 to 29, south of
latitude 59o30'N |
28 mm </TBODY> |
|
h) Herring in Sub-divisions 30 to 32 and
Sub-division 29, north of latitude 59o30'N |
16 mm </TBODY> |
|
i) Sprat in the whole Convention area |
16 mm </TBODY> |
*) with the exemption of sub-division 22-24 where
normal trawls and danish seines with a mesh opening of 90 mm are allowed
**) with the exemption of sole fishing in subdivisions
22 and 23
***) applied to the meshes of the last eight meters of
the net measured from the codline with the meshes stretched lengthwise.
9.2 By derogation to Rule 3.2, when
fishing for Cod only authorized gear for the Cod fishery or gear with larger
mesh opening is allowed to be kept on board. If there is unauthorized fishing
gear on board, landing of Cod is prohibited.
9.3* When nets are inspected the gauges to be used for determining mesh
openings shall be 2 mm thick, flat, of durable material and capable of
retaining their shape. They shall have either a series of parallel-edged
connected by intermediate tapering edges with a taper of 1 cm in 8 cm on each
side, or only tapering edges with a taper defined above.
Each gauge shall be inscribed on its face with the width in millimetres
both on the parallel-sided section, if any, and on the tapering section. In the
case of the latter the width shall be inscribed every 1 mm interval and the
indication of the width shall appear at regular intervals.
To measure the opening of a mesh, the gauge shall be inserted by its
narrowest extremity into the mesh opening in a direction perpendicular to the
plane of the net so as to measure the long axis of the mesh when stretched
diagonally lengthwise. The gauge shall be inserted into the mesh opening with
manual force until it is stopped at the tapering edges by the resistance of the
mesh. The size of an individual mesh shall be the width of the gauge at the
point where the gauge is stopped.
The mesh opening of a net shall be the average size of at least one
series of 20 consecutive meshes in the direction of the long axis of the net,
chosen at random. Meshes less than 10 meshes and within 50 cm from lacings,
ropes or codline shall not be measured. This distance shall be measured
perpendicular to the lacings, ropes or codline with the net stretched in the
direction of that measurement. The meshes of a net shall be measured only when
the net is wet.
An individual mesh shall not be considered undersized if the section of
the gauge corresponding to the minimum size listed in Rule 9.1 for species,
waters and type of net concerned passes easily through it.
9.4.** a) By way of derogation from Rule
9.1 it shall be permitted to attach to the outside of the lower half of the
codend of any trawl, of a danish seine or of a similar net any canvas, netting
or other material which has the purpose of preventing or reducing wear. Such
material shall be attached along the forward and lateral edges of the codend
only. By way of derogation from Rule 9.1 it shall be permitted to attach to the
outside of the codend and the lengthening piece of a strengthening bag.
A strengthening bag is a cylindrical piece of netting completely
surrounding the codend and the lengthening piece. The mesh opening of the
strengthening bag shall be at least twice as large as the mesh opening of the
codend except that its minimum mesh opening shall not be less than 80 mm.
A strengthening bag may be attached at the following points:
a) at its forward edge, and
b) at its rear edge, and, either
c) laced circumferentially to the
codend and the lengthening piece around one row of meshes, or
d) laced longitudinally along a
single row of meshes.
9.5.* By way of derogation from Rule 9.1. it shall be permitted to use in
trawls, in danish seines and in similar nets a nonreturn net or flapper which
has a mesh opening smaller than that of the codend.
The flapper may be attached either inside the codend or in front of the
codend. 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.
9.6. Fishing gear having a mesh opening less
than stated in these Rules for the appropriate fishery, and being in operation
before the Rules have been adopted, are permitted to be used within a two-year
period from the date on which the given Rules came into force.
Rule 10
These Rules shall not apply to fishery investigations and
transplantations of indigenous marine organisms in the Baltic area. Vessels
conducting such investigations or activities shall have on board the permission
of the competent authority of the flag-state of the vessel.
Rule 11
11.1. The paragraphs mentioned below shall
apply to both Salmon and Sea Trout unless otherwise stated.
11.2. Drifting nets and anchored floating
nets for Salmon fishery must have a minimum mesh opening of 157 mm, measured
diagonally lengthwise with a gauge as described in Rule 9.3.
In fishing with drifting nets and anchored
floating nets not more than 600 nets per vessel may be used.
The length of each net may not exceed 35 meters
measured in the gear's headrope.
In addition to the permitted number of nets,
reserve nets may also be kept on board not exceeding a maximum of 100 nets.
When fishing with drifting lines or anchored
lines no more than 2000 hooks on each individual fishing vessel are allowed at
the same moment.
In addition to the same number of hooks
permitted in fishing a maximum of 200 reserve hooks may be kept on board.
Hooks on drifting lines and fixed lines for use
in fishing shall have a minimum distance between the point and the shaft (gap)
of at least 19 mm.
11.3. Salmon having a size less than 60 cm
(measured from the tip of the snout to the tip of the tail fin) must not be
kept on board but must be released immediately.
11.4. It is not allowed to bring ashore,
to offer, to keep for sale, to sell, to transfer in other way or to buy for
re-sale Salmon of a size less than mentioned in Rule 11.3.
11.5. The above Rules shall not apply to
fishery which takes place for scientific purpose or for management of the
stock.
Salmon mentioned in this Rule can be landed for scientific purpose;
elsewhere the provisions of Rule 11.4. are applicable.
11.6. Fishing with drifting or anchored
floating nets should be prohibited from 1 June to 15 September (both days
included), except in Sub-division 32 where it should be prohibited from 15 June
to 30 September, and with drifting lines and anchored lines from 1 April to 15
November (both days included), except in the Gulf of Finland (Sub-division 32)
where the fishing with drifting lines and anchored lines is prohibited from 1
July to 15 September (both days included). The area of prohibition during the
closed season is beyond four nautical miles measured from the base-lines, in
the Gulf of Finland (Sub-division 32) and the area east of longitude 22o30'E
(Bengtskar light house) inside the Finnish territorial waters and fishing zone
where the fishing with drifting lines and anchored lines is prohibited from 1
July to 15 September (both days included).
Rule 12
A closed area for trawling is established on the Oderbank Plateau within
a depth of 10 meters.
Rule 13
Marking of fishing gear
Gears deployed outside 4 nautical miles from the baselines in the Baltic
shall be equipped in the following way.
13.1. The buoy in the west sector (from
south through west and including north) shall be equipped with two flags, two
luminous tape-stripes and in some cases with two lights.
The buoy in the east sector (from north through east to and including south) shall be equipped with
one flag, one luminous tape-stripe and in some cases one light.
13.2. Fishing gears whose length exceed
one nautical mile shall be equipped with middle buoys for at least each
nautical mile.
The buoys shall be equipped as in the east
sector but the flag shall be white.
13.3. Drifting fishing-gears shall
be equipped with east sector buoys in both ends.
If one end of a gear is attached to a vessel
this end does not have to be equipped with a buoy.
13.4. Fishing gears near the surface
shall be equipped with a spherical top sign and lights.
13.5. Ropes connecting fishing
gears and buoys shall be made from sinking material or carry weights.
13.6. A buoy shall reach at least 1.5 meters above the surface of
the water.
A flag shall be
rectangular with a side of at least 40 cm. The distance between two flags shall
be at least 20 cm. The distance between the water surface and the flag shall be
at least 80 cm. Flags showing the ends of the same gear should have identical
colours besides white and the same size.
A top sign
shall be a sphere with a diameter of at least 25 cm and equipped with luminous
tape. A spherical radar-reflector may be used as a top sign.
The luminous tape shall have a width of at least 6 cm.
The light shall be
yellow and give one flash each five seconds, (F1 Y 5s) and be visible from a
distance of at least 2 nautical miles.
A radar-reflector shall give an echo from at
least 2 nautical miles.
A buoy or a top sign may not be red or
green.
13.7. Local exceptions from these rules
may be allowed in the national legislation.
IBSFC RULE
1. For the
purpose of this rule, a quota allocated to a Contracting Party for a stock
shall be the recommended TAC for that
stock for the fishery zone corresponding
to the Contracting Party.
2. For the
purpose of this rule, permitted landings from a stock shall consist, for a
given Contracting Party, of the quota
allocated at the Session of IBSFC, as
modified by:
● Exchange and transfer made on the
basis of bilateral agreements between
Contracting Parties or third countries
● The quantities withheld on the
basis of Article 3 of this rule
● The deductions envisaged by
Article 4 of this rule
Article
2
When fixing TACs pursuant to Article IX of the Convention, the IBSFC
shall decide:
● the stocks to which Article 3
shall not apply, on the basis of their biological
status of the stock
● the stocks to which deduction
envisaged in Article 4 (2) shall apply, on the
basis of their biological status
Article
3
A Contracting Party to which a relevant quota has been allocated may
withhold a maximum of 10% of its quota to be transferred to the following year.
The IBSFC shall be informed not later than 31 July of the year of application
of the quota withhold.
The IBSFC Secretariat shall communicate this information to all
Contracting Parties before 31 August of the year of application of the quota.
The Commission shall increase the relevant quota for the following year by the
amount withheld in its September meeting.
Contracting Parties may take catches up to 5% in excess of permitted
landings. However, these catches shall be considered as exceeding permitted
landings as regards the deduction envisaged in Article 4.
Article
4
1. All
landings in excess of the respective quotas shall be deducted from the
quotas of the same stock in the following
year.
2. For the
stocks referred to in the second bullet of Article 2, overfishing of
permitted landings shall lead to deduction
from the corresponding quota in the
following year according to the following
table;
|
Extent of
the overfishing relative to the permitted landings |
Deduction |
|
The first 10% The next 10% up to 20% in total The next 20% up to 40% in total Any further overfishing greater than 40% |
Overfishing x 1.00 Overfishing x 1.10 Overfishing x 1.20 Overfishing x 1.40 |
An additional 3% of the quantity fished in excess of permitted landings
shall be deducted for each successive year in which permitted landings are
overfished by more than 10%.
3. On the basis of the information acquired pursuant to Fishery Rule 2,
the IBSFC Secretariat shall communicate to every concerned Contracting Party,
before 31 March of every year, whether landings have exceeded permitted
landings in the preceding year and to which extent paragraph 2 above should
apply. If, by 31 May, the Contracting Party concerned has not communicated its
disagreement with the calculations submitted by the IBSFC Secretariat, the
quota deductions shall be communicated to all Contracting Parties and shall be
binding on the Contracting Party concerned by the overfishing. In a case where
the Contracting Party has objected the Secretariats figures before 31 May, the
matter will be left for decision by the Commission at the earliest possible
date.