The Sea Fisheries (Amendment etc.) (No. 2) Regulations 2021

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Sea Fisheries (Amendment etc.) (No. 2) Regulations 2021 and come into force on 31st December 2021.

(2) These Regulations extend to England and Wales, Scotland and Northern Ireland.

Commission Regulation (EU) No 468/2010 establishing the EU list of vessels engaged in illegal, unreported and unregulated fishing

2.—(1) Commission Regulation (EU) No 468/2010 establishing the EU list of vessels engaged in illegal, unreported and unregulated fishing(1) is amended as follows.

(2) Part B of the Annex (vessels listed by Regional Fisheries Management Organisations) is amended in accordance with the Schedule to these Regulations.

Commission Delegated Regulation (EU) No 1393/2014 establishing a discard plan for certain pelagic fisheries in north-western waters

3.—(1) Commission Delegated Regulation (EU) No 1393/2014 establishing a discard plan for certain pelagic fisheries in north-western waters(2) is amended as follows.

(2) In Article 2 (survivability exemption)—

(a) for paragraph 1 substitute—

“1.   By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, the landing obligation does not apply to:

(a) catches of mackerel and herring in the purse seine fisheries in ICES area 6; or

(b) catches of mackerel, horse mackerel, herring and sprat in the ring net fishery targeting pelagic species not subject to quotas in ICES divisions 7e and 7f,

if all of the conditions listed in paragraph 1A are satisfied and the requirement in Article 4 is met.

1A.   The conditions referred to in paragraph 1 are:

(a) the catch is released before a certain percentage (specified in paragraphs 2 and 3) of the purse seine is closed (“the point of retrieval”);

(b) the purse seine gear is fitted with a visible buoy clearly marking the limit for the point of retrieval; and

(c) the vessel and the purse seine gear are equipped with an electronic system which records and documents information on the time and location that the purse seine is hauled, and the extent to which it is hauled, for all fishing operations.”;

(b) in paragraph 2, for “in fisheries for”, in both places it occurs, substitute “where the catch is mostly”;

(c) in paragraph 3, for “a mixture of both species” substitute “any other combination of mackerel, herring, horse mackerel or sprat,”;

(d) in paragraph 4, for “mackerel and herring” substitute “mackerel, horse mackerel, herring and sprat”;

(e) omit paragraph 6.

(3) Omit Article 3 (de minimis exemptions in the years 2015, 2016 and 2017).

(4) In Article 3a (de minimis exemptions in the years 2018, 2019, 2020 and 2021)—

(a) in the heading, omit “in the years 2018, 2019, 2020 and 2021”;

(b) in point (a)—

(i) omit “6 %, in 2018, and”;

(ii) omit “, in 2019, 2020 and 2021,”;

(c) in point (b)—

(i) omit “6 %, in 2018, and”;

(ii) omit “, in 2019, 2020 and 2021,”;

(iii) after “subarea VII” insert “, if the requirement in Article 4 of this Regulation is met”;

(d) in point (c), omit “, in 2018, 2019, 2020 and 2021,”.

(5) In Article 4 (documentation of catches)—

(a) for “exemption” substitute “exemptions”;

(b) for “Article 2” substitute “Articles 2 and 3a”.

(6) In Article 5 (expiry), for “2021” substitute “2024”.

(7) In the Annex, in the table following paragraph 2, in the final column of the final row, after “horse mackerel” insert “, herring, sprat”.

Commission Delegated Regulation (EU) No 1395/2014 establishing a discard plan for certain small pelagic fisheries and fisheries for industrial purposes in the North Sea

4.—(1) Commission Delegated Regulation (EU) No 1395/2014 establishing a discard plan for certain small pelagic fisheries and fisheries for industrial purposes in the North Sea(3) is amended as follows.

(2) Omit Article 3 (de minimis exemption in the years 2015 and 2016).

(3) In Article 3a (de minimis exemption in the years 2018, 2019, 2020 and 2021)—

(a) omit from the heading “in the years 2018, 2019, 2020 and 2021”;

(b) omit “in 2018, 2019, 2020 and 2021”.

(4) In Article 4 (documentation of catches under the exemptions), in paragraph 2, for “Article 3” substitute “Article 3a”.

(5) In Article 5 (expiry), for “2021” substitute “2024”.

(6) In the Annex—

(a) omit point 1 (including the table);

(b) in point 3, for “points 1 and 2” substitute “point 2”;

(c) in point 4, omit “IIIa and”.

Commission Implementing Decision (EU) 2019/909 establishing the list of mandatory research surveys and thresholds for the purposes of the multiannual Union programme for the collection and management of data in the fisheries and aquaculture sectors

5.—(1) Commission Implementing Decision (EU) 2019/909 establishing the list of mandatory research surveys and thresholds for the purposes of the multiannual Union programme for the collection and management of data in the fisheries and aquaculture sectors(4) is amended as follows.

(2) In Article 1, for “2020-2021” substitute “from 1 January 2022 until the end of 31 December 2024”.

Commission Delegated Decision (EU) 2019/910 establishing the multiannual Union programme for the collection and management of biological, environmental, technical and socioeconomic data in the fisheries and aquaculture sectors

6.—(1) Commission Delegated Decision (EU) 2019/910 establishing the multiannual Union programme for the collection and management of biological, environmental, technical and socioeconomic data in the fisheries and aquaculture sectors(5) is amended as follows.

(2) In Article 1, for “2020-2021” substitute “from 1 January 2022 until the end of 31 December 2024”.

Regulation (EU) 2019/1241 of the European Parliament and of the Council on the conservation of fisheries resources and the protection of marine ecosystems through technical measures

7.—(1) Regulation (EU) 2019/1241 of the European Parliament and of the Council on the conservation of fisheries resources and the protection of marine ecosystems through technical measures is amended as follows.

(2) In Annex 6 (North Western waters), in Part B (mesh sizes), in the table following point 2, in table note (1), after “In division 7d,” insert “with the exception of directed fishing for bass,”.

Commission Delegated Regulation (EU) 2019/2238 specifying details of implementation of the landing obligation for certain demersal fisheries in the North Sea for the period 2020-2021

8.—(1) Commission Delegated Regulation (EU) 2019/2238 specifying details of implementation of the landing obligation for certain demersal fisheries in the North Sea for the period 2020-2021(6) is amended as follows.

(2) In Article 1 (implementation of the landing obligation), omit “until the end of 2021”.

(3) In Article 2 (definitions)—

(a) in point (4), for “codend” substitute “cod-end”;

(b) in point (5), after “maximum mesh size of 105 mm” insert “, except that in United Kingdom waters of ICES division 4b the uppermost cod-end may be constructed with square meshes of at least 80 mm”;

(c) after point (5) insert—

“(6) ‘cod-end’ means the rearmost part of the trawl, having either a cylindrical shape, with the same circumference throughout, or a tapering shape. It may be made up of one or more panels attached to one another along their sides and includes any lengthening piece which is made up of one of more panels located just in front of the cod-end.”.

(4) In Article 6 (survivability exemption for catch and by-catch of plaice), in paragraph 3, after “immediately” insert “and in the case referred to in point (a) of paragraph 1, the plaice must be released during the net hauling process wherever this is reasonably possible”.

(5) In Article 10 (de minimis exemptions)—

(a) in point (e), omit “in 2020 and 2021”;

(b) omit point (f);

(c) after the omitted point (f), insert—

“(fa) in the mixed demersal fisheries in United Kingdom waters of ICES divisions 4a and 4b, by vessels using bottom trawls or seines (OTB, OTT, SDN, SSC) with a mesh size of 70-99 mm:

a quantity of whiting below the minimum conservation reference size, which must not exceed 5 % of the total annual catches of whiting;”;

(d) in point (j) for “a quantity” to the end of the sentence in which it occurs substitute “any species subject to catch limits may be discarded, provided the total amount of each species discarded does not exceed 5 % of the total annual catches of that species;”;

(e) in point (k), for “7 % in 2020 and 6 % in 2021” substitute “6 %”;

(f) in point (l), for “7 % in 2020 and 6 % in 2021” substitute “6 %”;

(g) omit the second point (o) (which begins “in the demersal fisheries by vessels”)(7).

(6) For Article 14 (application) substitute—

“Article 14 Expiry

This Regulation ceases to have effect at the end of 31 December 2024.”.

Commission Delegated Regulation (EU) 2019/2239 specifying details of the landing obligation for certain demersal fisheries in North-Western waters for the period 2020-2021

9.—(1) Commission Delegated Regulation (EU) 2019/2239 specifying details of the landing obligation for certain demersal fisheries in North-Western waters for the period 2020-2021(8) is amended as follows.

(2) In Article 1 (implementation of the landing obligation)—

(a) the existing text becomes paragraph 1;

(b) in that paragraph—

(i) omit “United Kingdom and International”;

(ii) after “ICES Subareas 6 and 7” insert “that are not within Union waters”;

(iii) omit “until the end of 2021”;

(c) after that paragraph insert—

“2.   In this Regulation, “United Kingdom waters” and “Union waters” have the meanings given in Article 4 of Regulation (EU) No 1380/2013.”.

(3) In Article 2 (definitions)—

(a) in paragraph 2(a), for “cod end” substitute “cod-end”;

(b) in paragraph 7, for “codend” substitute “cod-end”;

(c) at the end, insert—

“9.   ‘cod-end’ means the rearmost part of the trawl, having either a cylindrical shape, with the same circumference throughout, or a tapering shape. It may be made up of one or more panels attached to one another along their sides and includes any lengthening piece which is made up of one of more panels located just in front of the cod-end.”.

(4) In Article 3 (survivability exemption for Norway lobster)—

(a) omit points (b) and (c);

(b) after the omitted point (c), insert—

“(ca) Norway lobster (Nephrops norvegicus) caught with otter trawls (OTT, OTB, TBS, TBN, TB, PTB) with a mesh size equal to or greater than 70 mm in ICES subarea 7;”.

(5) In Article 4 (survivability exemption for common sole), in paragraph 1—

(a) for “division 7d” substitute “divisions 7a, 7d, 7e, 7f and 7g”;

(b) for “cod end” substitute “cod-end”.

(6) In Article 6 (survivability exemption for plaice), in paragraph 3, after “immediately” insert “and in the case referred to in point (a) of paragraph 1, the plaice must be released during the net hauling process wherever this is reasonably possible”.

(7) In Article 7 (survivability exemption for species caught in pots, traps and creels), in paragraph 1—

(a) omit “United Kingdom and International”;

(b) after “ICES Subareas 6 and 7” insert “that are not within Union waters”.

(8) In Article 8 (de minimis exemptions), in paragraph 1—

(a) omit point (c);

(b) after the omitted point (c), insert—

“(ca) for common sole (Solea solea), up to a maximum of 3 % in ICES divisions 7d, 7e and 7h, and up to a maximum of 6 % in ICES divisions 7f and 7g, of the total annual catches of that species by vessels using TBB gear with a mesh size of 80-119 mm equipped with Flemish panel;”.

(c) in point (g) —

(i) for “(BT2)” substitute “(TBB)”;

(ii) for “7a to 7j” substitute “7a and 7j”;

(d) in point (i), for “7f” substitute “7d”;

(e) in point (l), for “31 mm” substitute “16 mm”;

(f) after point (l) insert—

“(m) for monkfish (Lophius spp.), up to a maximum of 7% of the total annual catches of that species by vessels using beam trawls (TBB) in ICES divisions 7d to 7j.”.

(9) In Article 12 (repeal), for “Articles 9 and 10” substitute “Article 10”.

(10) For Article 13 (application) substitute—

“Article 13 Expiry

This Regulation ceases to have effect at the end of 31 December 2024.”.

Council Regulation (EU) 2020/123 fixing for 2020 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters

10.—(1) Council Regulation (EU) 2020/123 fixing for 2020 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters(9) is amended as follows.

(2) In Article 10 (measures on European seabass fisheries)—

(a) in paragraph 1—

(i) for “Until the end of 2021 it” substitute “It”;

(ii) for “During that period it” substitute “It”;

(b) in paragraph 2—

(i) in the first subparagraph—

(aa) for “until the end of January 2021 and from 1 April to the end of December 2021” substitute “during January and during the period from 1 April to the end of December in each calendar year”;

(bb) for points (a) and (b) substitute—

“(a) using demersal trawls (OTT, OTB, PTB, TBB, TBN, TBS and TB), as specified in Annex XI of Commission Implementing Regulation (EU) 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy (“Annex XI”), for unavoidable by-catches not exceeding 380 kilogrammes per month and 5 % of the weight of the total catches of marine organisms on board caught by that vessel per fishing trip;

(b) using seines (SSC, SDN, SPR, SV, and SX), as specified in Annex XI, for unavoidable by-catches not exceeding 380 kilogrammes per month and 5 % of the weight of the total catches of marine organisms on board caught by that vessel per fishing trip;

(c) using hooks and lines (LHP, LHM, LLD, LL, LTL, LX and LLS), as specified in Annex XI, only where the vessel has recorded catches of European seabass using hooks and lines over the period from 1 July 2015 to the end of September 2016, not exceeding 5.7 tonnes per vessel per year;

(d) using fixed gillnets, only where the vessel has recorded catches of European seabass using fixed gillnets over the period from 1 July 2015 to the end of September 2016, for by-catches not exceeding 1.4 tonnes per vessel per year.”;

(ii) in the second subparagraph, omit the first sentence;

(iii) in the final subparagraph, omit “for an English or Welsh fishing vessel”;

(c) in paragraph 3, for the word “The”, in the first place it occurs, substitute “Except in the case of a replacement vessel as provided for in the second subparagraph of paragraph 2, the”;

(d) in paragraph 5—

(i) in point (a), for “until the end of February 2021 and for the whole of December 2021” substitute “during the period from 1 January to the end of February and during December in each calendar year”;

(ii) in point (b), for “from 1 March to the end of November 2021” substitute “during the period from 1 March to the end of November in each calendar year”;

(e) in paragraph 6, omit the definitions for “British fishery limits”, “English fishing vessel”, “the English zone”, “the Northern Ireland zone”, “the Scottish zone” and “Welsh fishing vessel”.

(3) Omit Article 12a (closed fishing seasons for sandeels).

Victoria Prentis

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

13th December 2021