MINISTER FOR AGRICULTURE



K Ä S K I R
I
Tallinn
15 June 2011 No 100


The order shall be issued on the basis of paragraph 19(6) of the “Law on fishing”.

For 2011, Council Regulation (EU) No 1124/2010 fixing for 2011 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea (OJ L 318, 4.12.2010, p. 1-9) fixed for the Republic of Estonia the fishing opportunities for herring in ICES Subdivisions 25-27, 28.2, 29 and 32
for the Baltic Sea.
According to paragraph 132(2) of Decree No 150 of the Government of the Republic of 21 October 2010 entitled “opportunities for commercial fishing and authorised annual catches for 2011 under a fisherman's fishing licence for fishing in the lakes of Peipsi, Läm and Pihkva and in the Baltic Sea and the Gulf of Livi”, the TAC for the Baltic Sea is 1126 tonnes, of which 826 tonnes may be fished in ICES Subdivisions 28.2, 29 and 32 in ICES Subdivisions 28.2, 29 and 32, in the regions of Lääne-Virnia and
50 tonnes.
Thus, pursuant to paragraph 134 (33) of the 'Law on fishing', the Government of the Republic has fixed, in the Baltic Sea, minimum and maximum annual catches per region of herring authorised by fishing licence for herring in ICES subdivisions 28.2, 29 and 32. The authorised annual catches of herring fishing authorised by fishermen in the regions of island, Hiiu, West, Harju, West Viru and Ida-Viru may under no circumstances be less than 50 tonnes or more than 876 tonnes.
In the counties of the island, Hiiu, West, Harju, West Viru and Ida-Viru, the 2011 allowable catches of herring under a fisherman's fishing licence will become definitive once 826 tonnes of herring have been caught in the Baltic Sea in ICES subdivisions 28.2, 29 and 32, which, according to paragraph 132 of Decree No 150 of the Government of the Republic of 21 October 2010 entitled “fishing opportunities for commercial fishing and fishing opportunities for the waters of Peipsi, Läma and Pihkva jointly in the Baltic Sea and the Gulf of the Baltic Sea and the Gulf of 2011, Lämmi be caught under the sixth year 2.

Once the common herring catches have been taken, it is clear how the common catches have been distributed among the counties, that is to say, how many tonnes of herring of the 826 tonnes in question have been caught in one or other county. By adding 50 tonnes to the catch in the region, which is the minimum allowable catch for each county, the annual allowable catch for herring fishing authorised by the fisherman in that county is
.
According to the information provided by the Government of the Republic in accordance with the procedure laid down in Regulation No 104 of 31 March 2003 on the arrangements for reporting data relating to fishing activities, 845 tonnes of herring caught in ICES Subdivisions 28.2, 29 and 32 in the Baltic Sea by 15 June 2011 under a fishing authorisation. Thus, the common herring yield (826 tonnes) of the regions of the island, Hiiu, West, Harju, West Viru and Ida-Viru has been exhausted in
.According to the information provided by the Government of the Republic in accordance with the procedure laid down in Regulation No 104 of 31 March 2003 on the arrangements for reporting data relating to fishing activities, 567 tonnes of herring were caught in the Baltic Sea by 15 June 2011 under a fisherman's fishing licence in the region of Ida-Viru in ICES subdivisions 28.2, 29 and 32. Adding 50 tonnes, the annual catches of herring in the Baltic Sea in ICES subdivisions 28.2, 29 and 32617 tonnes are authorised in Ida-Viru County under a fisherman's fishing licence.

Given that 586 tonnes of herring have already been caught, at least 90% of the annual catches of herring in the Baltic Sea in ICES subdivisions 28.2, 29 and 32 have been depleted in Ida-Viru County on the basis of a fisherman's fishing licence. "Paragraph 19(6) of the Law on fishing requires the Minister for Agriculture to stop commercial fishing in waters where the annual allowable catches for that area have been exhausted by at least 90%. Commercial fishing may be suspended in respect of one or more areas, small permanent islands, gears, species of fish and fishing authorisations referred to in paragraph 13(3) of the 'Law on fishing'.

The main fishing tool for herring fishing under a fishing authorisation for fishermen is chestnuck, which captures 95-98% of herring catches. Chestnut traps are a small-scale fishing gear which, if captured, cannot avoid the presence of herring in the trap. If, during the mass migration of herring, fish continues to be caught by chestnut traps, the catches of herring have not actually been stopped, as it is not possible to avoid large quantities of herring entering the traps. It is also not possible to release the herring caught by the chestnut trap as viable because, by rubbing up other fish and the chestnut netting, the herring is injured by losing a large part of its artebral cover, with the result that the herring also loses its viability. It is therefore appropriate to suspend fishing with purse-snap traps in ICES subdivisions 28.2, 29 and 32 in the Baltic Sea on the basis of a fisherman's fishing licence in the
of Ida-Viru County.

1. I shall stop fishing for herring in ICES Subdivisions 28.2, 29 and 32 in the Baltic Sea under a fisherman's fishing licence in the District of Ida-Viru.

2. I shall stop fishing with shipped traps in ICES subdivisions 28.2, 29 and 32 in the Baltic Sea under a fisherman's fishing licence in Ida-Viru County.

3. The circular applies to persons fishing in ICES subdivisions 28.2, 29 and 32 in the Baltic Sea on the basis of a fisherman's fishing licence in the region of Ida-Viru from the day following that of publication of the circular in the official publication Ametlikud Teadaanded.

4. Order the publication of the circular in the Official Journal of the Ministry of Agriculture and on the website of the Ministry of Agriculture,
.

The order may be the subject of a complaint to an administrative court within 30 days of publication of the order in the Official Teadaanded of the European Communities, in accordance with the procedure laid down in the Code of Administrative Procedure.


Send: Estonian Coalition of fishermen, Eesti Kalapüügiühistu of fishermen, Estonian Coalition of professional fishermen, Ministry of Environment, environmental Inspectorate, Fisheries Management Division, Administrative Division, public relations Division.


Juhan Parts
Minister for Economic Affairs and Communications
Mr
, acting as Minister for Agriculture