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

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 F1 ... for the stocks listed in Article 1(1), and shall be maintained thereafter within the ranges of F_MSY, in accordance with this Article.

[F2 2. [F3 The Secretary of State] must request from ICES [F4 , 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. [F5 Where the spawning stock biomass is above B_lim, fishing] opportunities shall F6 ... be fixed in such a way as to ensure that there is less than a 5 % probability of [F7 it] falling below B_lim.

[F8 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

F1 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))

F2 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)

F3 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))

F4 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))

F5 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))

F6 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))

F7 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))

F8 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 [F9 (within the meaning given by section 1(11) of the Fisheries Act 2020)] when no adequate scientific information is available.

3. [F10 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

F9 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))

F10 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))