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

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(1) 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.”.

(1)

EUR 2019/2239, amended by paragraph 13 of Schedule 11 to the Fisheries Act 2020 and S.I. 2020/1542, 2021/698.