[F1[F2The Secretary of State] must request from ICES the following conservation reference points to safeguard the full reproductive capacity of the stocks referred to in Article 1(1) based on the plan—]
MSY Btrigger for stocks referred to in Article 1(1);
Blim for stocks referred to in Article 1(1).
Textual Amendments
F1Words in Art. 6 substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 25(6); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 6 substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 9(6) (with Sch. 4 para. 31, Sch. 11 para. 15(3))
1.When scientific advice indicates that, for a given year, the spawning stock biomass and, in the case of Norway lobster stocks, the abundance of any of the stocks referred to in Article 1(1) are below MSY Btrigger, F3... appropriate remedial measures shall be adopted to ensure rapid return of the stock or functional unit concerned to levels above those capable of producing MSY. In particular, by way of derogation from Article 4(3) and (5), fishing opportunities shall be fixed at levels consistent with a fishing mortality that is reduced below the upper range of FMSY, taking into account the [F4current biomass or, in the case of Norway lobster, current abundance].
2.When scientific advice indicates that the spawning stock biomass and, in the case of Norway lobster stocks, the abundance of any of the stocks referred to in Article 1(1) are below the Blim, further remedial measures shall be taken to ensure rapid return of the stock or functional unit concerned to levels above those capable of producing MSY. In particular, those remedial measures may include, by way of derogation from Article 4(3) and (5), suspending the targeted fishery for the stock or functional unit concerned and the adequate reduction of fishing opportunities.
3.Remedial measures referred to in this Article may include:
F5(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)measures pursuant to Articles 8 and 9 of this Regulation.
4.The choice of measures referred to in this Article shall be made taking into account the nature, seriousness, duration and repetition of the situation where the spawning stock biomass and, in the case of Norway lobster stocks, the abundance are below the levels referred to in Article 6.
[F65.The Secretary of State may, in view of a relevant change of circumstances, make a determination under section 23 of the Fisheries Act 2020 otherwise than in accordance with paragraphs 1 to 4.
6.If the Secretary of State makes a determination in reliance on paragraph 5 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.
7.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
F3Word in Art. 7(1) omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 9(7)(a)(i) (with Sch. 4 para. 31, Sch. 11 para. 15(3))
F4Words in Art. 7(1) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 9(7)(a)(ii) (with Sch. 4 para. 31, Sch. 11 para. 15(3))
F5Art. 7(3)(a) omitted (31.12.2020) by virtue of The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 25(7); 2020 c. 1, Sch. 5 para. 1(1)
F6Art. 7(5)-(7) inserted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 9(7)(b) (with Sch. 4 para. 31, Sch. 11 para. 15(3))
1.Where paragraph 3 applies, a fisheries administration may make regulations in order to supplement this Regulation in relation to the rules mentioned in paragraph 5.
2.Where paragraph 3 applies, subject to paragraph 4, the Secretary of State may make regulations in order to supplement this Regulation in relation to the rules mentioned in paragraph 5.
3.This paragraph applies where scientific advice indicates that remedial action is required for the conservation of any of the demersal stocks referred to in Article 1(4) of this Regulation, or when the spawning stock biomass and, in the case of Norway lobster stocks, the abundance of any of the stocks covered by Article 1(1) for a given year are below MSY Btrigger
4.Where 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 the power in paragraph 2 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.
5.The rules referred to in paragraphs 1 and 2 are rules regarding—
(a)characteristics of fishing gear, in particular mesh size, hook size, construction of the gear, twine thickness, size of the gear or the use of selectivity devices to ensure or improve selectivity;
(b)use of the fishing gear, in particular immersion time, depth of gear deployment, to ensure or improve selectivity;
(c)prohibition or limitation to fish in specific areas to protect spawning and juvenile fish, fish below the minimum conservation reference size or non-target fish species;
(d)prohibition or limitation on fishing or the use of certain types of fishing gear during specific time periods, to protect spawning fish, fish below the minimum conservation reference size or non-target fish species;
(e)minimum conservation reference sizes, to ensure the protection of juveniles of marine organisms;
(f)other characteristics linked to selectivity.]
Textual Amendments
F7Art. 8 substituted (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 7(3); 2020 c. 1, Sch. 5 para. 1(1)