By-catch retained on board
Article 7
1. The master of the vessel, including of a vessel chartered in accordance with Article 23, shall ensure that the vessel minimises by-catch of species from stocks identified in its respective fishing opportunities in force while operating in the Regulatory Area. 2. A species listed in the fishing opportunities in force shall be classified as by-catch when it is taken in a Division where any of the following situations exist: (a) no quota has been allocated to that Member State for that stock in that Division, in accordance with the fishing opportunities in force; (b) a ban on fishing for that particular stock is in force (moratoria); or (c) the ‘Others’ quota for a particular stock has been fully taken, following notification by the Commission in accordance with Article 6. 3. The master of the vessel, including of a vessel chartered in accordance with Article 23, shall ensure that the vessel limits the retention on board of species classified as by-catch to the maxima specified below: (a) for cod in Division 3M, redfish in Divisions 3LN and witch flounder in Divisions 3NO: 1 250 kg or 5 %, whichever is the greater; (b) for cod in Divisions 3NO: 1 000 kg or 4 %, whichever is the greater; (c) for all other stocks listed in fishing opportunities where no specific quota has been allocated to the Member State: 2 500 kg or 10 %, whichever is the greater; (d) where a ban on fishing applies (moratoria), or when the ‘Others’ quota opened for that stock has been fully taken: 1 250 kg or 5 %, whichever is the greater; (e) once the directed fishery for redfish in Division 3M is closed in accordance with point (d) of Article 6(1): 1 250 kg or 5 %, whichever is the greater; (f) while conducting a directed fishery for yellowtail in Divisions 3LNO: 15 % of American plaice; otherwise the by-catch provisions set out in point (d) shall apply. 4. The limits and percentages provided for in paragraph 3 are calculated by Division as the percentage, by weight, for each stock of the total catch of stocks listed in fishing opportunities in force retained on board for that Division at the time of inspection, on the basis of the fishing logbook figures. 5. The calculation of groundfish by-catch levels in paragraph 3 shall not include the catches of Northern prawn in the total catch on board.