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Regulation of the State Secretary for Economic Affairs, Agriculture and Innovation consolidating and simplifying various sea fishing rules (Implementation Regulation for Sea Fishing).

Country
Type of law
Regulation
Date of original text
Source

Abstract
This Regulation principally implements the fisheries policy of the European Union in the Netherlands and carries into effect numerous EU instruments. It prohibits fishing activities contrary to landing obligations as specified in Regulation (EU) No 1380/2013 of the European Parliament and of the Council on the Common Fisheries Policy (Basic Regulation) and a Sustainable fisheries partnership agreement concluded by the EU with a third country. The Regulation also concerns fishing in areas of and in accordance with rules of Regional Fisheries Management Organizations such as NAFO, GFCM, IOTC, ICCAT, SPRFMO, etc. It shall also be prohibited to conduct fishing in the territorial sea of the Netherlands with a foreign fishing vessel of the Dutch Territorial Sea Boundaries Act, other than in accordance with Article 5 (2) of the basic Regulation (temporary restriction of fishing to vessels that traditionally fish in the territorial sea).
The text consists originally of 146 articles which are divided into nine Chapters: General provisions (1): Fishing Opportunities (2); Technical measures (3); Multiannual plans and measures for sustainable fisheries (4); national measures and measures within the 12-mile zone (5); Control mechanisms (6); Rules on access by Third Countries, IUU and catch documentation regulation (7); the Common market organisation of fish and aquaculture products (7a); Final provisions (8). the Regulation is completed by 13 Schedules.
Article 6 provides for the designation of ports for the landing or transhipment of fish. Article 7 lays down rules for the landing of fish. in Chapter 2 various restrictions are introduced on specified types of fisheries, including fishing on the high seas. This Chapter also deals with individual and group quotas. Chapter 3 concerns also protection of juvenile marine organisms and technical measures for stock enhancement for specific species. Shark finning shall be prohibited. It shall also be prohibited to land deep-frozen fish without a FAO code.
The Minister responsible for fisheries shall be the designated authority for purposes of Article 5, comma 5 of Council Regulation (EC) No. 1224/2009. Chapter 6 concerns, among other things fishing licenses and authorisations as mentioned in Article 6 and 7 of that Regulation. It also concerns electronic monitoring systems and other VMS mechanisms and control on the landing and marketing of fish (including catch certification and traceability of fish). Article 133 concerns more specifically access to ports by third country vessels and measures to combat IUU fishing. Also Article 140 concerns measures against IUU fishing by vessels of third countries and prohibits fishing activities contrary to Regulation (EU) 1005/2008. The Regulation also contains a provision (120) on recreational fishing. Schedule 7 specifies management and conservation measures.
Date of consolidation/reprint
Notes
Consolidated version of 1 April 2021 as amended last on 1 March 2023.
Repealed
No
Source language

English

Legislation Amendment
No
Original title
Regeling van de Staatssecretaris van Economische Zaken, Landbouw en Innovatie, van 14 juli 2011, nr. 218837, houdende samenvoeging en vereenvoudiging van diverse regelingen op het gebied van de zeevisserij (Uitvoeringsregeling zeevisserij)
Implements