Regulation (EU) 2019/1241 of the European Parliament and of the CouncilDangos y teitl llawn

SECTION 2 U.K. General restrictions on gear and conditions for their use

Article 8 U.K. General restrictions on the use of towed gear

1. For the purpose of Annexes [F1 5, 6, 7 and 12], the mesh size of a towed gear as set out in those Annexes shall mean the minimum mesh size of any codend and any extension piece found on board a fishing vessel and attached to, or suitable for attachment to, any towed net. This paragraph shall not apply to netting devices used for the attachment of gear monitoring sensors or when used in conjunction with fish and turtle excluder devices. Further derogations to improve size or species selectivity for marine species may be provided for in [F2 regulations made] in accordance with Article 15.

2. Paragraph 1 shall not apply to dredges. However, during any voyage when dredges are carried on board the following shall apply:

(a) it shall be prohibited to tranship marine organisms;

F3 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) F4 ... it shall be prohibited to retain on board or land any quantity of marine organisms unless at least 95 % by live weight thereof consists of bivalve molluscs, gastropods and sponges.

Points (b) and (c) of this paragraph shall not apply to unintended catches of species subject to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013. Such unintended catches shall be landed and counted against quotas.

3. Whenever more than one net is towed simultaneously by a fishing vessel or by more than one fishing vessel, each net shall have the same nominal mesh size. [F5 Regulations made] pursuant to Article 15 [F6 may provide for derogations] from this paragraph, where the use of several nets having a different mesh size leads to such benefits for the conservation of marine biological resources that are at least equivalent to those of existing fishing methods.

4. It shall be prohibited to use any device that obstructs or otherwise effectively diminishes the mesh size of the codend or any part of a towed gear, as well as to carry on board any such device that is specifically designed for that purpose. This paragraph shall not exclude the use of specified devices used to reduce wear and tear of and strengthen the towed gear, or to limit the escape of catches in the forward part of towed gear.

[F7 5. A fisheries administration may make regulations establishing detailed rules for the specification of codends and devices referred to in paragraph 4. Regulations made under this paragraph must be based on the best available scientific and technical advice and may, in particular, define the matters specified in paragraph 8.

6. Subject to paragraph 7, the Secretary of State may make regulations establishing detailed rules for the specification of codends and devices referred to in paragraph 4. Regulations made under this paragraph must be based on the best available scientific and technical advice and may, in particular, define the matters specified in paragraph 8.

7. Where the exercise of the power to make regulations under paragraph 5 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 6 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.

8. The matters referred to in paragraphs 5 and 6 are—

(a) restrictions on twine thickness;

(b) restrictions on the circumference of codends;

(c) restrictions on the use of netting materials;

(d) structure and attachment of codends;

(e) permitted devices to reduce wear and tear; and

(f) permitted devices to limit the escape of catches.

9. 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.]

Textual Amendments

F1 Words in Art. 8(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), 5(8)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 8(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), 5(8)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F3 Art. 8(2)(b) 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), 5(8)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 8(2)(c) 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), 5(8)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 8(3) substituted (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 5(8)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 8(3) substituted (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 5(8)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F7 Art. 8(5)-(9) substituted for Art. 8(5) (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 5(8)(d); 2020 c. 1, Sch. 5 para. 1(1)

Article 9 U.K. General restrictions on the use of static nets and driftnets

1. It shall be prohibited to have on board or deploy one or more driftnets the individual or total length of which is more than 2,5 km.

2. It shall be prohibited to use driftnets to fish for the species listed in Annex III.

F8 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. It shall be prohibited to use bottom-set gillnets, entangling nets and trammel nets to catch the following species:

(a) Albacore (Thunnus alalunga);

(b) Bluefin tuna (Thunnus thynnus);

(c) Ray’s bream (Brama brama);

(d) Swordfish (Xiphias gladius);

(e) Sharks belonging to the following species or families Hexanchus griseus; Cetorhinus maximus; all species of Alopiidae; Carcharhinidae; Sphyrnidae; Isuridae; Lamnidae.

F9 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6. It shall be prohibited to deploy any bottom set gillnet, entangling net and trammel net at any position where the charted depth is greater than 200 m.

7. Notwithstanding paragraph 6 of this Article:

(a) specific derogations as set out in point 6.1 of Part C of Annex V, point 9.1 of Part C of Annex VI and point 4.1 of Part C of Annex VII shall apply where the charted depth is between 200 and 600 m;

F10 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 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), 5(9)(a); 2020 c. 1, Sch. 5 para. 1(1)

F9 Art. 9(5) 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), 5(9)(a); 2020 c. 1, Sch. 5 para. 1(1)

F10 Art. 9(7)(b) 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), 5(9)(b); 2020 c. 1, Sch. 5 para. 1(1)