The Sea Fishing (Restriction on Days at Sea) (Monitoring, Inspection and Surveillance) Order 2006

Allocation of days for fishing in the Cod Recovery Zone and Sole Recovery Zone

7.—(1) In this article—

(a)“allocation of days” means the number of days during which an English fishing boat is permitted to be out of port in the Cod Recovery Zone, Sole Recovery Zone or a combination of both zones, carrying on board notified gear, during a management period established in accordance with this Order;

(b)“applicable row” means the row in the table in which a reference to the notified gear appears in the first column where the second column of the row is empty;

(c)“the table” means Table 1 of the Cod Annex; and

(d)wherever a calculation results in a total containing a fraction, the figure shall be rounded down to the nearest whole number.

(2) The allocation of days for an English fishing boat shall be calculated in accordance with this article subject to adjustment in accordance with articles 9, 10 or 12.

(3) If the boat is absent from port but is present in only one of the Cod Recovery Zone areas during a management period, the allocation of days is as follows—

(a)if there is one notified gear group, the figure in the column of the applicable row of the table relating to the relevant area divided by twelve and multiplied by the number of calendar months in the management period;

(b)if there are multiple notified gear groups, the total of the allocations that would apply in respect of each group calculated in accordance with sub-paragraph (a), divided by the number of notified gear groups.

(4) If the boat is present in more than one of the areas in the Cod Recovery Zone but not in the Sole Recovery Zone during the management period, the allocation of days is the highest of the allocations for each area calculated in accordance with paragraph (3).

(5) If the boat is present in both the Cod Recovery Zone and the Sole Recovery Zone or in the Sole Recovery Zone only during the management period, the allocation of days is eighteen multiplied by the number of calendar months in the management period.