Regulation (EU) 2018/973 of the European Parliament and of the CouncilDangos y teitl llawn

CHAPTER I U.K. SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1 U.K. Subject-matter and scope

1. This Regulation establishes a multiannual plan (‘the plan’) for the following demersal stocks in [F1 United Kingdom waters] of the North Sea (ICES divisions 2a, 3a and subarea 4), including the fisheries exploiting those stocks, and, where those stocks extend beyond the North Sea, in [F2 adjacent United Kingdom waters]:

(a) Cod (Gadus morhua) in subarea 4 (North Sea) and divisions 7d (Eastern Channel) and 3a.20 (Skagerrak);

(b) Haddock (Melanogrammus aeglefinus) in subarea 4 (North Sea) and divisions 6a (West of Scotland) and 3a.20 (Skagerrak);

(c) Plaice (Pleuronectes platessa) in subarea 4 (North Sea) and division 3a.20 (Skagerrak);

(d) Saithe (Pollachius virens) in subareas 4 (North Sea) and 6 (Rockall and West of Scotland) and division 3a (Skagerrak and Kattegat);

(e) Sole (Solea solea) in subarea 4 (North Sea);

F3 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) Whiting (Merlangius merlangus) in subarea 4 (North Sea) and division 7d (Eastern English Channel);

(h) Anglerfish (Lophius piscatorius) in division 3a (Skagerrak and Kattegat) and subareas 4 (North Sea) and 6 (Rockall and West of Scotland);

F4 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(k) Norway lobster in subarea 4 (North Sea) by Functional Unit:

• (k) Norway lobster in Botney Gut-Silver Pit (Functional Unit 5);

• Norway lobster in Farn Deeps (Functional Unit 6);

• Norway lobster in Fladen Ground (Functional Unit 7);

• Norway lobster in Firth of Forth (Functional Unit 8);

• Norway lobster in Moray Firth (Functional Unit 9);

• Norway lobster in Noup (Functional Unit 10);

• F6 ...

• F6 ...

• Norway lobster in Devil's Hole (Functional Unit 34).

Where scientific advice indicates a change in the geographical distribution of the stocks listed in the first subparagraph of this paragraph, the [F7 Secretary of State may, subject to paragraph 2A, by regulations amend] this Regulation by adjusting the areas listed in the first subparagraph of this paragraph in order to reflect that change. F8 ...

2. Where, on the basis of scientific advice, the [F9 Secretary of State] considers that the list of stocks set out in the first subparagraph of paragraph 1 needs to be amended, the [F10 Secretary of State may, subject to paragraph 2A, by regulations amend that list].

[F11 2A. Where, in the circumstances described in paragraph 2B, the exercise of the power to make regulations under paragraph 1 or 2 would be outside the jurisdiction of the Secretary of State under Article 1(7) of Regulation (EU) No 1380/2013, before making such regulations under either of those powers the Secretary of State must obtain the consent of—

(a) the Scottish Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(3) of that Regulation in the circumstances described in paragraph 2B;

(b) the Welsh Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(4) of that Regulation in the circumstances described in paragraph 2B;

(c) the Department of Agriculture, Environment and Rural Affairs, in Northern Ireland, to the extent that the exercise of the power would be within its jurisdiction under Article 1(5) of that Regulation in the circumstances described in paragraph 2B.

2B. The circumstances referred to in paragraph 2A are circumstances where the power in paragraph 1 or, as the case may be, the power in paragraph 2 is treated as a power exercisable by “a fisheries administration” instead of a power exercisable by the Secretary of State.]

3. With respect to adjacent waters referred to in paragraph 1 of this Article, only Articles 4 and 6 and the measures related to fishing opportunities under Article 7 shall apply.

4. This Regulation also applies to by-catches caught in [F12 United Kingdom waters in] the North Sea when fishing for the stocks listed in the first subparagraph of paragraph 1. However, where ranges of F_MSY and safeguards linked to biomass are established for those stocks under other [F13 enactments] establishing multiannual plans, those ranges and safeguards shall apply.

5. This Regulation also specifies details for the implementation of the landing obligation in [F14 United Kingdom waters] of the North Sea for all stocks of species to which the landing obligation applies under Article 15 of Regulation (EU) No 1380/2013.

Textual Amendments

F1 Words in Art. 1(1) substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 25(2)(a)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 1(1) substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 25(2)(a)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F3 Art. 1(1)(f) omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 9(2)(a) (with Sch. 4 para. 31, Sch. 11 para. 15(3))

F4 Art. 1(1)(i) omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 9(2)(a) (with Sch. 4 para. 31, Sch. 11 para. 15(3))

F5 Art. 1(1)(j) omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 9(2)(a) (with Sch. 4 para. 31, Sch. 11 para. 15(3))

F6 Words in Art. 1(1)(k) omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 9(2)(b) (with Sch. 4 para. 31, Sch. 11 para. 15(3))

F7 Words in Art. 1(1) substituted (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 7(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Art. 1(1) omitted (31.12.2020) by virtue of The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 25(2)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Art. 1(2) substituted (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 7(2)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in Art. 1(2) substituted (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 7(2)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F11 Art. 1(2A)(2B) inserted (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 7(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in Art. 1(4) inserted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 25(2)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F13 Word in Art. 1(4) substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 25(2)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in Art. 1(5) substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 25(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 2 U.K. Definitions

For the purposes of this Regulation, the following definitions apply in addition to those laid down in Article 3 of Council Regulation (EC) No 850/98(1), Article 4 of Council Regulation (EC) No 1224/2009(2) and Article 4 of Regulation (EU) No 1380/2013:

(1)

‘Range of F_MSY’ means a range of values provided for in the best available scientific advice, in particular by the International Council on the Exploration of the Sea (ICES), where all levels of fishing mortality within that range result in maximum sustainable yield (MSY) in the long term with a given fishing pattern and under current average environmental conditions without significantly affecting the reproduction process for the stock in question. It is derived to deliver no more than a 5 % reduction in long-term yield compared to the MSY. It is capped so that the probability of the stock falling below the limit spawning stock biomass reference point (B_lim) is no more than 5 %;

(2)

‘MSY F_lower’ means the lowest value within the range of F_MSY;

(3)

‘MSY F_upper’ means the highest value within the range of F_MSY;

(4)

‘F_MSY point value’ is the value of the estimated fishing mortality that with a given fishing pattern and under current average environmental conditions gives the long-term MSY;

(5)

‘Lower range of F_MSY’ means a range that contains values from MSY F_lower up to F_MSY point value;

(6)

‘Upper range of F_MSY’ means a range that contains values from F_MSY point value up to MSY F_upper;

(7)

‘B_lim’ means the spawning stock biomass reference point provided for in the best available scientific advice, in particular by ICES, below which there may be reduced reproductive capacity;

(8)

‘MSY B_trigger’ means the spawning stock biomass and, in the case of Norway lobster stocks, the abundance reference point provided for in the best available scientific advice, in particular by ICES, below which specific and appropriate management action is to be taken to ensure that exploitation rates in combination with natural variations rebuild stocks above levels capable of producing MSY in the long term;

(9)

[F15 ‘enactment’ has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018.]

Textual Amendments

F15 Art. 2(9) inserted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 25(3); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER II U.K. OBJECTIVES

Article 3 U.K. Objectives

1. The plan shall contribute to the achievement of the [F16 fisheries objectives], in particular by applying the precautionary approach to fisheries management [F17 (within the meaning given by section 1(11) of the Fisheries Act 2020)].

2. The plan shall contribute to the elimination of discards, by avoiding and reducing, as far as possible, unwanted catches, and to the implementation of the landing obligation established in Article 15 of Regulation (EU) No 1380/2013 for the species which are subject to catch limits and to which this Regulation applies.

3. The plan shall implement the ecosystem-based approach to fisheries management [F18 (within the meaning given by section 1(11) of the Fisheries Act 2020)] in order to ensure that negative impacts of fishing activities on the marine ecosystem are minimised [F19 and, where possible, reversed].

4. In particular, the plan shall aim to:

(a) ensure that the conditions described in descriptor 3 contained in Annex I to Directive 2008/56/EC are fulfilled; and

(b) contribute to the fulfilment of other relevant descriptors contained in Annex I to Directive 2008/56/EC in proportion to the role played by fisheries in their fulfilment.

[F20 4A. For the purposes of paragraph 4(b), in Annex 1 to Directive 2008/56/EC descriptor 9 is to be read as if the reference to “Community legislation” were a reference to “retained EU law”.]

5. Measures under the plan shall be taken in accordance with the best available scientific advice. Where there is insufficient data, a comparable degree of conservation of the relevant stocks shall be pursued.

Textual Amendments

F16 Words in Art. 3(1) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 9(3)(a)(i) (with Sch. 4 para. 31, Sch. 11 para. 15(3))

F17 Words in Art. 3(1) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 9(3)(a)(ii) (with Sch. 4 para. 31, Sch. 11 para. 15(3))

F18 Words in Art. 3(3) inserted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 9(3)(b)(i) (with Sch. 4 para. 31, Sch. 11 para. 15(3))

F19 Words in Art. 3(3) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 9(3)(b)(ii) (with Sch. 4 para. 31, Sch. 11 para. 15(3))

F20 Art. 3(4A) inserted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 25(4)(c); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER III U.K. TARGETS

Article 4 U.K. Targets

1. The target fishing mortality, in line with the ranges of F_MSY defined in Article 2, shall be achieved as soon as possible, and on a progressive, incremental basis F21 ... for the stocks listed in Article 1(1), and shall be maintained thereafter within the ranges of F_MSY, in accordance with this Article.

[F22 2. [F23 The Secretary of State] must request from ICES [F24 , or a similar independent scientific body recognised at international level,] the ranges of F_MSY based on the plan.

3. When fishing opportunities are determined for a stock they must be established in the lower range of F_MSY available at that time for that stock.]

4. Notwithstanding paragraphs 1 and 3, fishing opportunities for a stock may be fixed at levels that are lower than the ranges of F_MSY.

5. Notwithstanding paragraphs 3 and 4, fishing opportunities for a stock may be fixed in accordance with the upper range of F_MSY available at that time for that stock, provided that the stock referred to in Article 1(1) is above MSY B_trigger:

(a) if, on the basis of scientific advice or evidence, it is necessary for the achievement of the objectives laid down in Article 3 in the case of mixed fisheries;

(b) if, on the basis of scientific advice or evidence, it is necessary to avoid serious harm to a stock caused by intra- or inter-species stock dynamics; or

(c) in order to limit variations in fishing opportunities between consecutive years to not more than 20 %.

6. [F25 Where the spawning stock biomass is above B_lim, fishing] opportunities shall F26 ... be fixed in such a way as to ensure that there is less than a 5 % probability of [F27 it] falling below B_lim.

[F28 7. The Secretary of State may, in view of a relevant change of circumstances, make a determination under section 23 of the Fisheries Act 2020 (power of Secretary of State to determine fishing opportunities) otherwise than in accordance with paragraphs 3 to 6.

8. If the Secretary of State makes a determination in reliance on paragraph 7 the Secretary of State must prepare and publish a document—

(a) describing the relevant change of circumstances, and

(b) explaining how the relevant change in circumstances affected the determination.

9. For the purposes of this Article, the changes in circumstances that are capable of being “relevant” include (in particular) changes relating to—

(a) the international obligations of the United Kingdom,

(b) things done (or not done) by the government of a territory outside the United Kingdom that affect the marine and aquatic environment (within the meaning of the Fisheries Act 2020),

(c) available scientific evidence, or

(d) available evidence relating to the social, economic or environmental elements of sustainable development.]

Textual Amendments

F21 Words in Art. 4(1) omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 9(4)(a) (with Sch. 4 para. 31, Sch. 11 para. 15(3))

F22 Art. 4(2)(3) substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 25(5); 2020 c. 1, Sch. 5 para. 1(1)

F23 Words in Art. 4(2) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 9(4)(b)(i) (with Sch. 4 para. 31, Sch. 11 para. 15(3))

F24 Words in Art. 4(2) inserted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 9(4)(b)(ii) (with Sch. 4 para. 31, Sch. 11 para. 15(3))

F25 Words in Art. 4(6) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 9(4)(c)(i) (with Sch. 4 para. 31, Sch. 11 para. 15(3))

F26 Words in Art. 4(6) omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 9(4)(c)(ii) (with Sch. 4 para. 31, Sch. 11 para. 15(3))

F27 Word in Art. 4(6) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 9(4)(c)(iii) (with Sch. 4 para. 31, Sch. 11 para. 15(3))

F28 Art. 4(7)-(9) inserted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 9(4)(d) (with Sch. 4 para. 31, Sch. 11 para. 15(3))

Article 5 U.K. Management of by-catch stocks

1. For the stocks referred to in Article 1(4), management measures including, where appropriate, fishing opportunities, shall be set taking into account the best available scientific advice and shall be consistent with the objectives laid down in Article 3.

2. Those stocks shall be managed under the precautionary approach to fisheries management [F29 (within the meaning given by section 1(11) of the Fisheries Act 2020)] when no adequate scientific information is available.

3. [F30 The] management of mixed fisheries with regard to stocks referred to in Article 1(4) of this Regulation shall take into account the difficulty of fishing all stocks at MSY at the same time, especially in situations where that leads to a premature closure of the fishery.

Textual Amendments

F29 Words in Art. 5(2) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 9(5)(a) (with Sch. 4 para. 31, Sch. 11 para. 15(3))

F30 Word in Art. 5(3) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 9(5)(b) (with Sch. 4 para. 31, Sch. 11 para. 15(3))

CHAPTER IV U.K. SAFEGUARDS

Article 6 U.K. Conservation reference points

[F31 [F32 The Secretary of State] must request from ICES the following conservation reference points to safeguard the full reproductive capacity of the stocks referred to in Article 1(1) based on the plan—]

(a)

MSY B_trigger for stocks referred to in Article 1(1);

(b)

B_lim for stocks referred to in Article 1(1).

Textual Amendments

F31 Words in Art. 6 substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 25(6); 2020 c. 1, Sch. 5 para. 1(1)

F32 Words in Art. 6 substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 9(6) (with Sch. 4 para. 31, Sch. 11 para. 15(3))

Article 7 U.K. Safeguards

1. When scientific advice indicates that, for a given year, the spawning stock biomass and, in the case of Norway lobster stocks, the abundance of any of the stocks referred to in Article 1(1) are below MSY B_trigger, F33 ... appropriate remedial measures shall be adopted to ensure rapid return of the stock or functional unit concerned to levels above those capable of producing MSY. In particular, by way of derogation from Article 4(3) and (5), fishing opportunities shall be fixed at levels consistent with a fishing mortality that is reduced below the upper range of F_MSY, taking into account the [F34 current biomass or, in the case of Norway lobster, current abundance].

2. When scientific advice indicates that the spawning stock biomass and, in the case of Norway lobster stocks, the abundance of any of the stocks referred to in Article 1(1) are below the B_lim, further remedial measures shall be taken to ensure rapid return of the stock or functional unit concerned to levels above those capable of producing MSY. In particular, those remedial measures may include, by way of derogation from Article 4(3) and (5), suspending the targeted fishery for the stock or functional unit concerned and the adequate reduction of fishing opportunities.

3. Remedial measures referred to in this Article may include:

F35 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) measures pursuant to Articles 8 and 9 of this Regulation.

4. The choice of measures referred to in this Article shall be made taking into account the nature, seriousness, duration and repetition of the situation where the spawning stock biomass and, in the case of Norway lobster stocks, the abundance are below the levels referred to in Article 6.

[F36 5. The Secretary of State may, in view of a relevant change of circumstances, make a determination under section 23 of the Fisheries Act 2020 otherwise than in accordance with paragraphs 1 to 4.

6. If the Secretary of State makes a determination in reliance on paragraph 5 the Secretary of State must prepare and publish a document—

(a) describing the relevant change of circumstances, and

(b) explaining how the relevant change in circumstances affected the determination.

7. For the purposes of this Article, the changes in circumstances that are capable of being “relevant” include (in particular) changes relating to—

(a) the international obligations of the United Kingdom,

(b) things done (or not done) by the government of a territory outside the United Kingdom that affect the marine and aquatic environment (within the meaning of the Fisheries Act 2020),

(c) available scientific evidence, or

(d) available evidence relating to the social, economic or environmental elements of sustainable development.]

Textual Amendments

F33 Word in Art. 7(1) omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 9(7)(a)(i) (with Sch. 4 para. 31, Sch. 11 para. 15(3))

F34 Words in Art. 7(1) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 9(7)(a)(ii) (with Sch. 4 para. 31, Sch. 11 para. 15(3))

F35 Art. 7(3)(a) omitted (31.12.2020) by virtue of The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 25(7); 2020 c. 1, Sch. 5 para. 1(1)

F36 Art. 7(5)-(7) inserted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 9(7)(b) (with Sch. 4 para. 31, Sch. 11 para. 15(3))

[F37 Article 8 U.K. Specific conservation measures

1. Where paragraph 3 applies, a fisheries administration may make regulations in order to supplement this Regulation in relation to the rules mentioned in paragraph 5.

2. Where paragraph 3 applies, subject to paragraph 4, the Secretary of State may make regulations in order to supplement this Regulation in relation to the rules mentioned in paragraph 5.

3. This paragraph applies where scientific advice indicates that remedial action is required for the conservation of any of the demersal stocks referred to in Article 1(4) of this Regulation, or when the spawning stock biomass and, in the case of Norway lobster stocks, the abundance of any of the stocks covered by Article 1(1) for a given year are below MSY B_trigger

4. Where the exercise of the power to make regulations under paragraph 1 would be outside the jurisdiction of the Secretary of State under Article 1(7) of Regulation (EU) No 1380/2013, before making such regulations under the power in paragraph 2 the Secretary of State must obtain the consent of—

(a) the Scottish Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(3) of that Regulation;

(b) the Welsh Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(4) of that Regulation;

(c) the Department of Agriculture, Environment and Rural Affairs, in Northern Ireland, to the extent that the exercise of the power would be within its jurisdiction under Article 1(5) of that Regulation.

5. The rules referred to in paragraphs 1 and 2 are rules regarding—

(a) characteristics of fishing gear, in particular mesh size, hook size, construction of the gear, twine thickness, size of the gear or the use of selectivity devices to ensure or improve selectivity;

(b) use of the fishing gear, in particular immersion time, depth of gear deployment, to ensure or improve selectivity;

(c) prohibition or limitation to fish in specific areas to protect spawning and juvenile fish, fish below the minimum conservation reference size or non-target fish species;

(d) prohibition or limitation on fishing or the use of certain types of fishing gear during specific time periods, to protect spawning fish, fish below the minimum conservation reference size or non-target fish species;

(e) minimum conservation reference sizes, to ensure the protection of juveniles of marine organisms;

(f) other characteristics linked to selectivity.]

Textual Amendments

F37 Art. 8 substituted (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 7(3); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER V U.K. TECHNICAL MEASURES

Article 9 U.K. Technical measures

[F38 1. A fisheries administration may make regulations in order to supplement this Regulation regarding the technical measures specified in paragraph 1C, insofar as they are not covered by Regulation (EU) 2019/1241.

1A. Subject to paragraph 1B, the Secretary of State may make regulations in order to supplement this Regulation regarding the technical measures specified in paragraph 1C, insofar as they are not covered by Regulation (EU) 2019/1241.

1B. Where the exercise of the power to make regulations under paragraph 1 would be outside the jurisdiction of the Secretary of State under Article 1(7) of Regulation (EU) No 1380/2013, before making such regulations under the power in paragraph 1A the Secretary of State must obtain the consent of—

(a) the Scottish Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(3) of that Regulation;

(b) the Welsh Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(4) of that Regulation;

(c) the Department of Agriculture, Environment and Rural Affairs, in Northern Ireland, to the extent that the exercise of the power would be within its jurisdiction under Article 1(5) of that Regulation.

1C. The technical measures referred to in paragraphs 1 and 1A are—

(a) specifications of characteristics of fishing gears and rules governing their use, to ensure or improve selectivity, to reduce unwanted catches or to minimise the negative impact on the ecosystem;

(b) specifications of modifications or additional devices to the fishing gears, to ensure or to improve selectivity, to reduce unwanted catches or to minimise the negative impact on the ecosystem;

(c) limitations or prohibitions on the use of certain fishing gears and on fishing activities, in certain areas or periods to protect spawning fish, fish below the minimum conservation reference size or non-target fish species, or to minimise the negative impact on the ecosystem; and

(d) the fixing of minimum conservation reference sizes for any of the stocks to which this Regulation applies, to ensure the protection of juveniles of marine organisms.

1D. Before making any regulations under this Article, a fisheries administration must consult—

(a) such bodies or persons as appear to the fisheries administration to be representative of the interests likely to be substantially affected by the regulations;

(b) such other bodies or persons as the fisheries administration may consider appropriate.]

[F39 2. [F40 Regulations made under] this Article shall contribute to the achievement of the objectives set out in Article 3 of this Regulation, and shall comply with Article 15(4) of Regulation (EU) 2019/1241.]

F41 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F38 Art. 9(1)-(1D) substituted for Art. 9(1) (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 7(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F39 Substituted by Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1224/2009 and Regulations (EU) No 1380/2013, (EU) 2016/1139, (EU) 2018/973, (EU) 2019/472 and (EU) 2019/1022 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005.

F40 Words in Art. 9(2) substituted (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 7(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

F41 Art. 9(3) omitted (31.12.2020) by virtue of The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 7(4)(c); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER VI U.K. FISHING OPPORTUNITIES

Article 10 U.K. Fishing opportunities

[F42 1. When a fisheries administration distributes fishing opportunities for use by fishing vessels it must take account of the likely catch composition of fishing vessels participating in mixed fisheries.]

F43 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. Without prejudice to Article 7 of this Regulation, the TAC for the stock of Norway lobster in ICES zones 2a and 4 may be the sum of the catch limits of the functional units and of the statistical rectangles outside the functional units.

4. When scientific advice indicates that recreational fisheries have a significant impact on the fishing mortality of a particular stock, [F44 any person determining fishing opportunities] shall take them into account and may limit recreational fisheries F45 ... in order to avoid exceeding the total target of fishing mortality.

Textual Amendments

F42 Art. 10(1) substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 25(8)(a) (as amended by S.I. 2019/1312, regs. 1(2), 9(4)(a)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F43 Art. 10(2) omitted (31.12.2020) by virtue of The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 25(8)(b); 2020 c. 1, Sch. 5 para. 1(1)

F44 Words in Art. 10(4) substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 25(8)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F45 Words in Art. 10(4) omitted (31.12.2020) by virtue of The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 25(8)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER VII U.K. PROVISIONS LINKED TO THE LANDING OBLIGATION

[F46 Article 11 U.K. Provisions linked to the landing obligation in F47 ... the North Sea

1. For all stocks of species in the North Sea to which the landing obligation applies under Article 15(1) of Regulation (EU) No 1380/2013, [F48 a fisheries administration may make regulations] in order to supplement this Regulation by specifying details of that obligation as provided for in points (a) to (e) of Article 15(5) of Regulation (EU) No 1380/2013.

[F49 1A. Subject to paragraph 1B, for all stocks of species in the North Sea to which the landing obligation applies under Article 15(1) of Regulation (EU) No. 1380/2013, the Secretary of State may make regulations in order to supplement this Regulation by specifying details of that obligation as provided for in points (a) to (e) of Article 15(5) of Regulation (EU) No 1380/2013.

1B. Where the exercise of the power to make regulations under paragraph 1 would be outside the jurisdiction of the Secretary of State under Article 1(7) of Regulation (EU) No 1380/2013, before making such regulations under the power in paragraph 1A the Secretary of State must obtain the consent of—

(a) the Scottish Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(3) of that Regulation;

(b) the Welsh Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(4) of that Regulation;

(c) the Department of Agriculture, Environment and Rural Affairs, in Northern Ireland, to the extent that the exercise of the power would be within its jurisdiction under Article 1(5) of that Regulation.]

2. The landing obligation provided for in Article 15(1) of Regulation (EU) No 1380/2013 shall not apply to recreational fishing, including in cases where [F50 limits are set] on recreational fisheries in accordance with Article 10(4) of this Regulation.]

Textual Amendments

F46 Substituted by Regulation (EU) 2019/472 of the European Parliament and of the Council of 19 March 2019 establishing a multiannual plan for stocks fished in the Western Waters and adjacent waters, and for fisheries exploiting those stocks, amending Regulations (EU) 2016/1139 and (EU) 2018/973, and repealing Council Regulations (EC) No 811/2004, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007 and (EC) No 1300/2008.

F47 Words in Art. 11 heading omitted (31.12.2020) by virtue of The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 7(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

F48 Words in Art. 11(1) substituted (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 7(5)(b); 2020 c. 1, Sch. 5 para. 1(1)

F49 Art. 11(1A)(1B) inserted by S.I. 2019/1312, reg. 7(5)(ba) (as inserted) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1542), regs. 1(2), 17(4)(b))

F50 Words in Art. 11(2) substituted (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 7(5)(c); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER VIII U.K. ACCESS TO WATERS AND RESOURCES

Article 12 U.K. Fishing authorisations and capacity ceilings

1. For each of the ICES zones referred to in Article 1(1) of this Regulation, [F51 a fisheries administration must] issue fishing authorisations [F52 (which may be contained in a licence granted under section 15 of the Fisheries Act 2020)] in accordance with Article 7 of Regulation (EC) No 1224/2009 for [F53 United Kingdom fishing vessels] which engage in fishing activities in that area. In such fishing authorisations, [F54 a fisheries administration] may also limit the total capacity expressed in kW of such vessels using a specific gear.

2. For cod in the Eastern Channel (ICES division 7d) F55 ... the total capacity expressed in kW of the vessels having fishing authorisations issued in accordance with paragraph 1 of this Article shall not be greater than the maximum capacity of the vessels that have been active in 2006 or 2007 using one of the following gears in the ICES zone concerned:

(a) bottom trawls and seines (OTB, OTT, PTB, SDN, SSC, SPR) of mesh:

(i)

equal to or larger than 100 mm;

(ii)

equal to or larger than 70 mm and less than 100 mm;

(iii)

equal to or larger than 16 mm and less than 32 mm;

(b) beam trawls (TBB) of mesh:

(i)

equal to or larger than 120 mm;

(ii)

equal to or larger than 80 mm and less than 120 mm;

(c) gill nets, entangling nets (GN);

(d) trammel nets (GT);

(e) longlines (LL).

3. [F56 A fisheries administration] shall establish and maintain a list of vessels holding the fishing authorisation referred to in paragraph 1 and make it available on its official website F57 ....

Textual Amendments

F51 Words in Art. 12(1) substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 25(9)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F52 Words in Art. 12(1) inserted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 9(8)(a) (with Sch. 4 para. 31, Sch. 11 para. 15(3))

F53 Words in Art. 12(1) substituted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 9(8)(b) (with Sch. 4 para. 31, Sch. 11 para. 15(3))

F54 Words in Art. 12(1) substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 25(9)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F55 Words in Art. 12(2) omitted (31.12.2020) by virtue of The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 25(9)(b); 2020 c. 1, Sch. 5 para. 1(1)

F56 Words in Art. 12(3) substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 25(9)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F57 Words in Art. 12(3) omitted (31.12.2020) by virtue of The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 25(9)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER IX U.K. MANAGEMENT OF STOCKS OF COMMON INTEREST

Article 13 U.K. Principles and objectives of management of stocks of common interest to the [F58 United Kingdom] and third countries

1. Where stocks of common interest are also exploited by third countries, [F59 the Secretary of State] shall engage with those third countries with a view to ensuring that those stocks are managed in a sustainable manner that is consistent with the objectives of F60 ... this Regulation. Where no formal agreement is reached, [F59 the Secretary of State] shall make every effort to reach common arrangements for fishing of such stocks with a view to making sustainable management possible F61 ....

F62 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F58 Words in Art. 13 heading substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 25(10)(a); 2020 c. 1, Sch. 5 para. 1(1)

F59 Words in Art. 13(1) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 9(9)(a)(i) (with Sch. 4 para. 31, Sch. 11 para. 15(3))

F60 Words in Art. 13(1) omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 9(9)(a)(ii) (with Sch. 4 para. 31, Sch. 11 para. 15(3))

F61 Words in Art. 13(1) omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 9(9)(a)(iii) (with Sch. 4 para. 31, Sch. 11 para. 15(3))

F62 Art. 13(2) omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 9(9)(b) (with Sch. 4 para. 31, Sch. 11 para. 15(3))

F63 CHAPTER X U.K. REGIONALISATION

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F63 Ch. 10 omitted (31.12.2020) by virtue of The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 25(11); 2020 c. 1, Sch. 5 para. 1(1)

F64 CHAPTER XI U.K. FOLLOW UP

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F64 Ch. 11 omitted (31.12.2020) by virtue of The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 25(11); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER XII U.K. PROCEDURAL PROVISIONS

[F65 Article 16 U.K. Regulations

1. Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument.

2. For regulations made under this Regulation by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010.

3. Any power of the Department of Agriculture, Environment and Rural Affairs to make regulations under this Regulation is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

4. A statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

5. A statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

6. Regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

7. Regulations made by the Department of Agriculture, Environment and Rural Affairs under this Regulation are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.

8. Such regulations may—

(a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018));

(b) make different provision for different purposes.]

Textual Amendments

F65 Art. 16 substituted (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 7(6); 2020 c. 1, Sch. 5 para. 1(1)

F66 CHAPTER XIII U.K. SUPPORT FROM THE EUROPEAN MARITIME AND FISHERIES FUND

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F66 Ch. 13 omitted (31.12.2020) by virtue of The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 25(11); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER XIV U.K. FINAL PROVISIONS

Article 18 U.K. Repeals

1. Regulations (EC) No 676/2007 and (EC) No 1342/2008 are repealed.

2. References made to the repealed Regulations shall be construed as references to this Regulation.

F67 Article 19 U.K. Entry into force

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F67 Art. 19 (including binding words) omitted (31.12.2020) by virtue of The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 25(12); 2020 c. 1, Sch. 5 para. 1(1)

F67 ...