Sea Fisheries (Log
Books and Landing Declarations) (Jersey) Regulations 2007
Made 30th January 2007
Coming into force 6th
February 2007
THE STATES, in pursuance of Articles 2, 8 and 29 of the Sea Fisheries (Jersey) Law
1994[1], and having consulted with the
Secretary of State and obtained the Secretary of State’s concurrence, have
made the following Regulations –
1 Interpretation
(1) In
these Regulations unless the context otherwise requires –
“Community fishing boat”
means a fishing boat that is registered in a member State of the European
Communities (other than the United Kingdom);
“ICES area”
means an area on the map in Table 2 indicated by a code comprising a
number and letter combination;
“overall length” in
respect of a fishing boat, has the meaning assigned by Regulation 1 of the
Sea Fisheries (Licensing of Fishing Boats) (Jersey) Regulations 2003[2].
(2) A
reference in these Regulations to a Table by number is a reference to the Table
of that number in Schedule 2.
2 Application
Regulations 3 to 7 and the Schedules apply to any fishing boat for
the time being within the territorial sea adjacent to Jersey –
(a) with
an overall length of 10 metres or more; or
(b) that
uses towed nets of more than one range of mesh sizes during the same voyage.
3 Requirement
to keep Log Book
(1) The
master of a British fishing boat or a Community fishing boat must keep a Log
Book of the operations of that boat.
(2) The
Log Book, which may be in paper or electronic form, must be in the form set out
in Part 1 of Schedule 1 and must be completed in accordance with the
instructions set out in Schedule 2.
4 Landing
of catches by non-British fishing boats
The master of a fishing boat other than a British fishing boat
wishing to land any sea fish in Jersey must give the Minister at least 4
hours’ notice of where in Jersey the master wishes to land the fish, the
master’s estimated time of arrival and the quantity of each species that the
master proposes to land.
5 Requirement
to make landing declaration
(1) The
master of a fishing boat or the master’s agent, shall submit a
declaration to the Minister –
(a) within
48 hours of landing any sea fish in Jersey; and
(b) in
the case of a Jersey fishing boat, within 48 hours of landing any sea fish
in France.
(2) The
declaration must be completed in either form set out in Schedule 1 and must be
completed in accordance with the instructions set out in Schedule 2.
6 Provisions
supplementary to Articles 3 and 5
(1) Where
estimates of the quantities in kilograms of sea fish that are retained on board
are required to be given by these Regulations, a margin of tolerance of 20% is
permitted.
(2) Where
such fish are held in boxes, baskets or other containers, the precise number of
boxes, baskets or other containers used must be recorded.
7 Maximum
penalties
For the purposes of Article 4(1) of the Sea Fisheries (Jersey)
Law 1994, the maximum penalties for an offence of contravening these
Regulations are –
(a) £20,000
in respect of the first conviction; and
(b)
£40,000 in respect of a second or subsequent conviction.
8 Amendments to the Sea
Fisheries (Trawling, Netting and Dredging (Jersey) Regulations 2001
In the Sea Fisheries (Trawling, Netting and Dredging) (Jersey)
Regulations 2001[3] –
(a) in
Regulation 1, in the definition “Log Book Regulations” for the word
“2001” there shall be substituted the word “200-”;
(b) for
Regulation 4(4) and (5) there shall be substituted the following
paragraphs –
“(4) Where a fishing boat has
towed nets on board that are not being used and that are a different range of
mesh sizes from the towed nets that are being used, the master of that boat
must ensure that –
(a) the nets that are not being used and their
accompanying weights and sea fishing gear are disconnected from their trawl
boards and towing and hauling wires and ropes; and
(b) any such nets that are on or above deck are
securely lashed to some part of the superstructure of the boat.
(5) If the master contravenes paragraph (4)
the nets that are not being used shall be taken to be in use for the purposes
of paragraphs (2) and (3).”.
9 Repeal
The Sea Fisheries (Log Books and Landing Declarations) (Jersey)
Regulations 2001[4] are repealed.
10 Citation and commencement
These Regulations may be cited as the Sea Fisheries (Log Books and
Landing Declarations) (Jersey) Regulations 2007 and shall come into force
7 days after they are made.
m.n. de la haye
Greffier of the States
SCHEDULE 1
(Regulation 3(2) and 5(2))
part 1
FORM OF LOG BOOK
part 2
form of landing declaration
SCHEDULE 2
(Regulations 3(2) and (5(2))
instructions concerning the Log Book and
landing declation
1 How
to complete the Log Book
(1) The
Log Book must be completed daily by not later than 24.00 hours and at the time
of arrival in port.
(2) The
Log Book must also be completed at the time of any inspection at sea.
(3) All
the information mentioned in paragraph (2) must be given unless it is expressed
there as being optional.
2 Information
to be given in the Log Book
The information to be filled in against the corresponding numbers on
the page of the Log Book is as follows –
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Reference No in Log Book (1):
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Name of vessel and radio call signal if any.
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Reference No in Log Book (2):
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External identification.
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Reference No in Log Book (3):
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Name and address of master.
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Reference No in Log Book (4):
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Day, month, hour and port of departure
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Reference No in Log Book (5):
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Day, month, hour and port of return.
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Reference No in Log Book (6):
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Date and place of landing if different from (5).
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Reference No in Log Book (7):
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In the case of transhipment, date, name, radio call sign (if any),
nationality and external identification of recipient vessel. In the case of pair-fishing the name
of the second vessel, the name of its master and its external identification
must be entered below those of the vessel in respect of which the Log Book is
being kept. The master of the other vessel must also keep a Log Book
indicating the quantities caught and kept on board in such a way that there
is no double counting of catches.
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Reference No in Log Book
(8):
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Fishing gear. The type of gear must be indicated
using the code in Column 1 of Table 1.
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Reference No in Log Book (9):
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Mesh size in millimetres.
If static nets are used, all the mesh ranges used must be recorded.
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Reference No in Log Book (10):
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Capacity of the gear in accordance with the specifications in
Column 2 of Table 1 (optional).
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Reference No in Log Book (11):
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Date, corresponding to each day at sea.
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Reference No in Log Book (12):
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Number of fishing operations in accordance with the specifications
in Column 3 of Table 1 (optional).
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Reference No in Log Book (13):
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Fishing time (optional), equalling the number of hours spent at
sea including time spent searching for fish but excluding time spent
travelling to, from and between fishing grounds, dodging, inactive or waiting
for repair.
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Reference No in Log Book (14):
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Position by reference to the ICES area.
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Reference No in Log Book (15):
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Catches of an amount greater than 50 kg of live-weight equivalent
retained on board. Use names of
species or appropriate species code from Table 3. Give the unit used (basket, box, etc)
and the net weight in kg live-weight of the unit used. Alternatively give the total weight of
each species in kg live-weight, using the conversion factors set out in Table
4. (Use a new page if the number
of columns is insufficient).
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Reference No in Log Book (16):
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Specify the quantity of fish discarded, in kg live weight or in
another unit as defined in (15) (optional - information for scientific
purposes only and not taken into account for calculation of quotas).
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3 Spacing
of Log Book entries
(1) A
new line must be filled in for each day at sea.
(2) A
new page must be filled in –
(a) when
using different gear or a net with a mesh size different from that of the
previous net used; and
(b) for
any fishing done after a transhipment or an intermediate landing.
4 Information
to be given in the landing declaration
(1) The
information to be filled in against the corresponding numbers on the page of
the Log Book relating to the landing declaration is as follows –
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Reference No in Log Book (17):
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Presentation of fish. “Presentation” means the way
fish has been processed. Indicate the nature of this processing if any: GUT
for gutting, HEAD for heading, FILLET for filleting, etc. Where no processing
has taken place, WHOLE for whole fish.
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Reference No in Log Book (18):
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Measurement unit for landed quantities. Give the unit of weight used (e.g.
basket, box, etc.) for landing fish and the weight of the unit in kg. This
unit may be different from that used in the Log Book.
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Reference No in Log Book (19):
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Total weight by species landed: give the weight in kg or
quantities actually landed or transhipped for all species. The weight should correspond to the
weight of fish as landed, i.e. after any processing on board.
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Reference No in Log Book (20):
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Indicate on each line the ICES area where the catches were taken.
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(2) Where
the landing declaration is completed in the form set out in Schedule 2 the
information to be filled in is the same as set out in sub-paragraph (1) and as
set out in paragraph 2 in respect of reference numbers (4), (5), and (6) in the
Log Book.
5 General
requirements relating to Log Books and landing declarations
(1) Entries
in the Log Book and on the landing declaration must be legible and indelible.
(2) No
entry in the Log Book or on the landing declaration may be erased or altered.
If a mistake is made, the incorrect entry shall be struck out with a line and
followed by a new entry initialled by the master or the master’s agent.
(3) At
least one landing declaration must be completed by each vessel.
(4) Each
line in the Log Book must be initialled by the master and each page of the Log
Book must be signed by the master.
(5) The
landing declaration must be signed by the master or the master’s agent.
(6) If
the landing declaration relates to a number of Log Book pages only the landing
declaration on the last page need be completed.
(7) The
master of the vessel must certify by means of initials and signature that the
estimated quantities entered in the Log Book are reasonable.
(8) The
master of the vessel must certify by means of initials and signature that the
non-quantitative entries in the Log Book, together with all entries on the
landing declaration, are true.
(9) The
copies of the Log Book must be kept for one year.
tables
table 1 – gears and fishing operations
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Type of gear
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Column 1 Code
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Column 2
Size/number (metre)
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Column 3
Number of shoots each day
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Bottom otter trawl
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OTB
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Model of trawl(1)
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Number of times gear is shot
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Beam trawl
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TBB
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Beam length × number of beams
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Dredge
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DRB
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Width × number of dredge
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Bottom pair trawl
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PTB
|
Model of trawl(1)
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Danish seine (anchor)
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SDN
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Overall length of seine lines
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Scottish seine (fly-dragging)
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SSC
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Overall length of seine lines
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Mid-water otter trawl
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OTM
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Model of trawl(1)
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Number of times gear is shot
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Mid-water pair trawl
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PTM
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Model of trawl(1)
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Purse seine
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PS
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Length, height
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Number of times gear is shot
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Gillnets
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GN
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Length, height
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Number of times nets shot
during the day
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Gillnets (set)
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GNS
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Length, height
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Gillnets (drift)
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GND
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Length, height
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Trammel net
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GTR
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Length, height
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Longlines
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LL
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Number of hooks and lines shot during the
day
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Longlines (set)
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LLS
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Longlines (drifting)
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LLD
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Handlines and pole-lines
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LHP
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Total number of hooks/lines shot during
the day(2)
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Pots (non Jersey vessels)
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FPO
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Number of pots shot during the day
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Parlour pots (Jersey vessels)
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P
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Number of parlour pots shot during the day
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D pots (Jersey vessels)
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D
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Number of D pots shot during the day
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Inkwell pots (Jersey vessels)
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I
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Number of Inkwell pots shot during the day
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Whelk pots (Jersey vessels)
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W
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Number of whelk pots shot during the day
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Other pots (Jersey vessels)
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O
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Number of pots not in the above categories
shot during the day
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Miscellaneous gear
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MIS
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(1) Specify
the model of trawl as named by the net manufacturer. Alternatively, the
perimeter of the opening = number of meshes × size of mesh may be given
if this figure is known.
(2) Give the
number of hooks and the number of lines separated by a dash.
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table 2 – ices areas
table 3 – codes for the recording
of species in Log Books
table 4 – conversion factors
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Presentation
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Species
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Whole Fish
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Gutted, head on
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Fillets
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Parts of Fish
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Anglerfish
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1
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1.28
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3.001
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Bass
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1
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1.125
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2.7
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Blue Ling
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1
|
1.15
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2.8
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1.322
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Bream
|
1
|
1.13
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2.7
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Brill
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1
|
1.05
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2.7
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Catfish
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1
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1.18
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Cockles
|
1
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8.33
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Cod
|
1
|
1.17
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2.6
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1.522
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Conger Eel
|
1
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1.125
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2.7
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Crabs - Brown (Edible)
|
1
|
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4.00
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Dabs
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1
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1.08
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Dogfish - Other
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1
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1.37
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Dogfish Portugese
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1
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1.37
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2.7
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2.52
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Dogfish - Spotted
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1
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1.37
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Dogfish Spur
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1
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1.37
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2.7
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2.52
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Flounder
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1
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1.08
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2.7
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Forkbeard
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1
|
1.13
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|
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Haddock
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1
|
1.16
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2.6
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1.462
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Hake
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1
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1.16
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2.6
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1.342
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Halibut
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1
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1.08
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2.7
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Halibut - Greenland
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1
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1.08
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2.7
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John Dory
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1
|
1.13
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Ling
|
1
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1.15
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2.8
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1.322
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Ling-Blue
|
1
|
1.15
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2.8
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1.322
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Megrims
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1
|
1.05
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2.5
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Mullet
|
1
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1.125
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2.7
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Nephrops
|
1
|
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3.001
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Other flatfish
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1
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1.04
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Other or mixed Demersal
|
1
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1.14
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Plaice
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1
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1.07
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2.7
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Pollack
|
1
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1.14
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2.7
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1.362
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Red Mullet
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1
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1.125
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2.7
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Roundnose Grenadier
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1
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1.13
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Saithe
|
1
|
1.19
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2.9
|
1.442
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Sea Bream
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1
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1.125
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2.7
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Sharks
|
1
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1.37
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Skates & Rays
|
1
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1.13
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2.093
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Sole - Lemon
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1
|
1.04
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2.5
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Sole or Dover Sole
|
1
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1.05
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2.5
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Spurdogs
|
1
|
1.37
|
2.7
|
2.524
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Squid
|
1
|
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|
1.28
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Turbot
|
1
|
1.07
|
2.7
|
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Tusk
|
1
|
1.13
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Whiting
|
1
|
1.13
|
2.7
|
1.412
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Witches
|
1
|
1.04
|
2.7
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Footnotes
1
Tail
|
2
Head off gutted
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3
Wings
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4
Skinned
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