Management Rules 2016

David AndersonUncategorised

 

Background

 

Aberdeen Fish Producers’ Organisation, Limited (“APO”) operates an individual quota (“IQ”) system. Within an IQ system, it is important the fish landings of each member vessel do not exceed the individual quota available to that vessel, otherwise APO will be required to cover such excess landings using quota belonging to other members of APO causing prejudice to those other members. As part of an IQ system, it is also important for APO to have up-to-date and accurate information about quota uptake by member vessels. It is necessary therefore for APO to regulate the operation of the IQ system and accordingly the Board hereby makes the following Regulations in accordance with the Articles of Association of APO. In addition for 2016 vessels will receive an uplift of quota allocation subject to the species that are obligated to be landed under the delegated regulation from the European Union on Phasing in of the Landing Obligation. This allocation shall be based on the criteria set by Marine Scotland in allocating such additional “uplifts” of said allocations.:-

 

Aberdeen Fish Producers’ Organisation, Limited

 

Quota Management Regulations

 

  1. On a vessel entering membership of APO, such membership will be registered with Marine Scotland so that there will be allocated to APO in each quota management year the quota tonnages based upon the member’s IQ, being the holding of fixed quota allocation units (“FQA units”) attached to the member’s vessel or in accordance with any other management methodology adopted by Marine Scotland. In each quota management year, APO will make available to each member vessel the quota tonnages allocated to APO in that year based on the member’s IQ.

 

  1. In January of each quota management year, APO will notify each member of an estimate of the quota tonnages to be made available for its vessel during that year. Upon the issue of final quota allocations by Marine Scotland in each year, APO will notify each member of the actual quota tonnages available to its vessel in that year. For individual stocks, these amounts may be higher or lower than the estimated tonnages.  These tonnages are the maximum amount of tonnage (live weight) for each species which a member vessel can land and record against its IQ.

 

  1. Member vessels may add to or reduce their IQ by purchasing/selling/swapping FQA units or by leasing in/leasing out or swapping quota tonnages, either internally within APO or externally with other POs or their members. Any such changes will not be recognised by APO until final approval is given by Marine Scotland. In the event of any purchase of FQA units or lease in of quota tonnages internally within APO, the recipient member shall have 30 days to settle the relative invoice from the date of issue.

 

  1. Each member shall consent in such form as APO shall require from time to time to APO obtaining access to the UK ERS (Electronic Reporting and Recording Systems) HUB or other applicable database to view any fishing activity data which may be submitted electronically by that member. Any member which is not submitting fishing activity data electronically is required to supply, within 24 hours of any landing by its vessel, by fax or e-mail to APO a copy of their landing declaration in the form required by Marine Scotland. Members may also be required to supply copies of log sheet/sales notes or any other documentation requested by APO.

 

  1. Any member engaged in pair trawling or seining with a member of another PO must inform APO before entering into such an arrangement. In any event, any fish landed by the APO member vessel must not breach that member’s IQ.

 

  1. In the event any member vessel exceeds its IQ on any landing, such over-fish shall be deemed to be a breach of these Regulations by the member. The Chief Executive of APO shall then have the discretion to refer the matter to the Board for possible disciplinary action in accordance with APO’s Articles of Association. Before any disciplinary action is taken, the member will be invited to a meeting of the Board. The Board will then decide whether disciplinary action is appropriate. Such action may include any action available to the Board in accordance with the Articles of Association of APO including, without prejudice to the foregoing generality, a fine, deduction of any other quota tonnages available to the member and/or a request to Marine Scotland to suspend the fishing licence of the member’s fishing licence. Any member shall have a right of appeal against any disciplinary action. If the breach occurs in species in sea areas that are subject to the landings obligation then the PO will immediately apply to Marine Scotland for that vessels licence to be removed from that sea area in accordance with the management rules of Marine Scotland.

 

  1. Without prejudice to the provisions of Regulation 6 above and whether or not any disciplinary action has been taken, in the event of an over-fish and the Board being reasonably apprehensive that the member may continue to fish and increase the over-fish, APO shall be entitled to apply for interim interdict and interdict to prevent the member vessel continuing to fish or continuing to fish for particular stocks until the member has under its IQ sufficient quota tonnage available to enable a resumption of fishing for the particular stocks.

 

  1. Without prejudice to any other provision of these Regulations, from time to time, the Board may introduce temporary emergency measures to deal with particular circumstances which may arise and members shall be required to comply with such measures.

 

Nothing in these Regulations shall affect the rights and powers of APO conferred by the Memorandum of Association and Articles of Association of APO.

 

Words and phrases used in these Regulations shall, unless the context otherwise requires, have the same meaning as defined in the Memorandum of Association and Articles of Association of APO.

 

Upon the making of these Regulations, any existing Quota Management Regulations of APO are hereby revoked.

 

Made by the Board of Directors of Aberdeen Fish Producers’ Organisation Limited on 23rd December 2015

 

 

William McKenzie

Chairman