CHAPTER IIFISHING EFFORT MANAGEMENT REGIME

Title III General provisions

Article 7Lists of vessels

1.

The F1Secretary of State shall establish a list of F2United Kingdom fishing vessels which are authorised to carry out their fishing activities in the fisheries defined in F3Article 4(3) in the areas and divisions referred to in Article 1.

2.

F4Vessels on the list referred to in paragraph 1 may subsequently F5be replaced provided that the total fishing effort of vessels in any area and fishery defined in F6paragraph 1 does not increase.

Article 8Regulation of fishing effort

F71.

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2.

F8A fisheries administration shall regulate fishing effort by monitoring the activity of F9the fleet and by taking appropriate action if the level of the fishing effort authorised under Article 11 is about to be reached, to ensure that effort does not exceed the set limits.

3.

F10A fisheries administration shall issue F11authorisations for United Kingdom fishing vessels which engage in fishing activities in the fisheries referred to in F12Article 4(3) in the areas and divisions referred to in Article 1 in accordance with F13Article 7 of Council Regulation (EC) No 1224/2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy.

Article 9

F14A fisheries administration may limit fishing activities by F15United Kingdom fishing vessels to specific gear, seasons or parts of an ICES area or CECAF division.

F16Article 10Notification

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F17Article 11Maximum annual effort

1.

The maximum levels of annual fishing effort in the areas and divisions referred to in Article 1, excluding the biologically sensitive area, for United Kingdom fishing vessels equal to or more than 15 metres in length overall are set out in Part 1 of the Annex to this Regulation by reference to group of species.

2.

The maximum levels of annual fishing effort in the biologically sensitive area for United Kingdom fishing vessels equal to or more than 10 metres in length overall are set out in Part 2 of the Annex to this Regulation by reference to group of species.

3.

The maximum levels of annual fishing effort fixed in Parts 1 and 2 of the Annex are without prejudice to fishing effort limitations fixed under recovery plans or any other management measure under relevant F18assimilated direct law provided that the measure with the lower amount of fishing effort is complied with.

F19Article 12Adaptations

1.

Subject to paragraphs 2 and 3, the Secretary of State may, by regulations, adjust the maximum annual fishing effort in Article 11 either by an increase of the maximum fishing effort in a particular area or division, or by a shift of fishing effort between areas or divisions.

2.

Where, in the circumstances described in paragraph 4, 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 that power 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 4;

(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 4;

(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 4.

3.

Before making any regulations under this Article, the Secretary of State must—

(a)

obtain scientific information on the relevant fishing stocks; and

(b)

consult—

(i)

such bodies or persons as appear to the Secretary of State to be representative of the interests likely to be substantially affected by the regulations,

(ii)

such other bodies or persons as the Secretary of State may consider appropriate.

4.

The circumstances referred to in paragraph 2 are circumstances where the power in paragraph 1 is treated as a power exercisable by “a fisheries administration” instead of a power exercisable by the Secretary of State.

5.

Regulations made by the Secretary of State under this Article are to be made by statutory instrument.

6.

A statutory instrument containing regulations made under this Article is subject to annulment in pursuance of a resolution of either House of Parliament.

7.

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.