Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1224/2009 and Regulations (EU) No 1380/2013, (EU) 2016/1139, (EU) 2018/973, (EU) 2019/472 and (EU) 2019/1022 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005 (c. 1241)

ANNEX VI NORTH WESTERN WATERS

PART A

Minimum conservation reference sizes

a In ICES divisions 6a and 7a a minimum conservation reference size of total length of 70 mm and a carapace length of 20 mm shall apply.
b In ICES divisions 6a and 7a a minimum conservation reference size of 37 mm shall apply.
c In Union waters in ICES sub-areas, 5, 6 south of 56° N and 7, except ICES divisions 7d, 7e and 7f, a minimum conservation reference size of 130 mm shall apply.
d For edible crabs caught in pots or creels, a maximum of 1 % by weight of the total catch of edible crab may consist of detached claws. For edible crabs caught with any other fishing gear, a maximum of 75 kg of detached crab claws may be landed.
e In ICES division 7a north of 52°30′ N, and ICES division 7d, a minimum conservation reference size of 110 mm shall apply.
f By way of derogation from Article 15 of Regulation (EU) No 1380/2013, the minimum conservation reference sizes of sardine, anchovy, herring, horse mackerel and mackerel shall not apply within a limit of 10 % by live weight of the total catches retained on board of each of those species.
Species	Whole area
Cod (Gadus morhua)	35 cm
Haddock (Melanogrammus aeglefinus)	30 cm
Saithe (Pollachius virens)	35 cm
Pollack (Pollachius pollachius)	30 cm
Hake (Merluccius merluccius)	27 cm
Megrim (Lepidorhombus spp.)	20 cm
Sole (Solea spp.)	24 cm
Plaice (Pleuronectes platessa)	27 cm
Whiting (Merlangius merlangus)	27 cm
Ling (Molva molva)	63 cm
Blue ling (Molva dypterygia)	70 cm
Norway lobster (Nephrops norvegicus) Norway Lobster tails	Total length 85 mm, Carapace length 25 mma 46 mmb
Mackerel (Scomber spp.)	20 cmf
Herring (Clupea harengus)	20 cmf
Horse mackerel (Trachurus spp.)	15 cmf
Anchovy (Engraulis encrasicolus)	12 cm or 90 individuals per kgf
Bass (Dicentrarchus labrax)	42 cm
Sardine (Sardina pilchardus)	11 cmf
Red sea-bream (Pagellus bogaraveo)	33 cm
Lobster (Hommarus gammarus)	87 mm
Spinous spider crab (Maja squinado)	120 mm
Queen scallop (Chlamys spp.)	40 mm
Grooved carpetshell (Ruditapes decussatus)	40 mm
Carpetshell (Venerupis pullastra)	38 mm
Short-necked clam (Venerupis philippinarum)	35 mm
Clam (Venus verrucosa)	40 mm
Hard clam (Callista chione)	6 cm
Razor clam (Ensis spp.)	10 cm
Surf clams (Spisula solida)	25 mm
Donax clams (Donax spp.)	25 mm
Bean solen (Pharus legumen)	65 mm
Whelk (Buccinum undatum.)	45 mm
Octopus (Octopus vulgaris)	750 g
Crawfish (Palinurus spp.)	95 mm
Deepwater rose shrimp (Parapenaeus longirostris)	22 mm (carapace length)
Edible crab (Cancer pagurus)	140 mmc d
Scallop (Pecten maximus)	100 mme

The percentage of sardine, anchovy, herring, horse mackerel or mackerel below the minimum conservation reference size shall be calculated as the proportion by live weight of all marine organisms on board after sorting or on landing.

The percentage may be calculated on the basis of one or more representative samples. The limit of 10 % shall not be exceeded during transhipment, landing, transportation, storage, display or sale.

PART B Mesh sizes

1. Baseline mesh sizes for towed gear

1.1. Without prejudice to the landing obligation, vessels shall use a mesh size of at least 120 mm(1), or at least 100 mm in ICES sub-area 7b-7k.

1.2. Without prejudice to the landing obligation, and notwithstanding point 1.1, vessels may use smaller mesh sizes as listed in the following table for the North Western waters provided that:

(i)

the associated conditions set out in that table are complied with, and by-catches of cod, haddock and saithe do not exceed 20 % of the total catch in live weight of all marine biological resources landed after each fishing trip; or

(ii)

other selectivity modifications are used which have been assessed by STECF upon request of one or more Member States and approved by the Commission. Those selectivity modifications shall result in the same or better selectivity characteristics for cod, haddock and saithe as that of 120 mm, or 100 mm in ICES sub-area 7b-7k, respectively.

a This is without prejudice to Article 5 of Commission Regulation (EC) No 494/2002f.
b At least 70 mm mesh size shall apply for single rig vessels in ICES division 7a.
c This is without prejudice to Article 2(5) of Commission Implementing Regulation (EU) No 737/2012g.
d This provision shall not apply to ICES division 7d.
e This provision shall not apply when directed fishing for whiting, mackerel and species not subject to catch limits in ICES divisions 7d and 7e.
f Commission Regulation (EC) No 494/2002 of 19 March 2002 establishing additional technical measures for the recovery of the stock of hake in ICES sub-areas III, IV, V, VI and VII and ICES divisions VIII a, b, d, e (OJ L 77, 20.3.2002, p. 8).
g Commission Implementing Regulation (EU) No 737/2012 of 14 August 2012 on the protection of certain stocks in the Celtic Sea (OJ L 218, 15.8.2012, p. 8).
Mesh Size	Geographical Areas	Conditions
At least 80 mma	ICES sub-area 7	Directed fishing for hake, megrim and anglerfish, or directed fishing for whiting, mackerel and species not subject to catch limits and which are not covered elsewhere in the table, using bottom trawls. A square mesh panel of at least 120 mm shall be fittedc e Directed fishing for sole and species not covered by catch limits, using otter trawls. A square mesh panel of at least 80 mm shall be fittedc.
At least 80 mm	Whole area	Directed fishing for Norway lobster (Nephrops norvegicus)b. A square mesh panel of at least 120 mm or sorting grid with a maximum bar spacing of 35 mm or equivalent selectivity device shall be fitted.
At least 80 mm	ICES divisions 7a, 7b, 7d, 7e, 7f, 7g, 7h and 7j	Directed fishing for sole with beam trawls. A panel with a mesh size of at least 180 mmd fitted in the upper half of the anterior part of the net shall be fitted.
At least 80 mm	ICES divisions 7d and 7e	Directed fishing for whiting, mackerel and species not subject to catch limits and which are not covered elsewhere in the table, using bottom trawls.
At least 40 mm	Whole area	Directed fishing for squid (Lolignidae, Ommastrephidae)
At least 16 mm	Whole area	Directed fishing for small pelagic species which are not covered elsewhere in the table. Directed fishing for common and Aesop shrimps. A separator trawl or sorting grid must be fitted in accordance with nationally established rules
Less than 16 mm	Whole area	Directed fishing for sandeel

2. Baseline mesh sizes for static nets and driftnets

2.1. Without prejudice to the landing obligation, vessels shall use a mesh size of at least 120 mm(2).

2.2. Without prejudice to the landing obligation, and notwithstanding point 2.1, vessels may use smaller mesh sizes as listed in the following table for the North Western waters provided that the associated conditions set out in that table are complied with, and by-catches of cod, haddock and saithe do not exceed 20 % of the total catch in live weight of all marine biological resources landed after each fishing trip.

a In division 7d, at least 90 mm shall apply.
Mesh Size	Geographical Areas	Conditions
At least 100 mma	Whole area	Directed fishing for flatfish or species not subject to catch limits and which are not covered elsewhere in the table Directed fishing for whiting, dab and bass
At least 50 mm	Whole area	Directed fishing for small pelagic species which are not covered elsewhere in the table Directed fishing for red mullet

3. This Part is without prejudice to Commission Delegated Regulation (EU) 2018/2034(3), for the fisheries covered by that Delegated Regulation.

PART C Closed or restricted areas

1. Closed area for the conservation of cod in ICES division 6a

From 1 January to 31 March, and from 1 October to 31 December, each year, it shall be prohibited to conduct any fishing activity using any towed gear or static nets in the area enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 coordinate system:

• 55°25′ N, 7°07′ W

• 55°25′ N, 7°00′ W

• 55°18′ N, 6°50′ W

• 55°17′ N, 6°50′ W

• 55°17′ N, 6°52′ W

• 55°25′ N, 7°07 W.

2. Closed area for the conservation of cod in ICES divisions 7f and 7g

2.1. From 1 February to 31 March each year, it shall be prohibited to conduct any fishing activity in the following ICES statistical rectangles: 30E4, 31E4, 32E3. This prohibition shall not apply within 6 nautical miles from the baseline.

2.2. It shall be permitted to conduct fishing activities using pots and creels within the specified areas and time periods, provided that:

(i)

no fishing gear other than pots and creels are carried on board; and

(ii)

by-catches of a species subject to the landing obligation are landed and counted against quotas.

2.3. Directed fishing for small pelagic species with towed gear with a mesh size less than 55 mm shall be permitted, provided that:

(i)

no net of mesh size greater than or equal to 55 mm is carried on board; and

(ii)

by-catches of a species subject to the landing obligation are landed and counted against quotas.

3. Closed area for the conservation of cod in ICES division 7a

3.1. In the period from 14 February to 30 April each year it shall be prohibited to use any dermersal trawl, seine or similar towed net, any gillnet, entangling net or trammel net or any fishing gear incorporating hooks within that part of ICES division 7a enclosed by the east coast of Ireland and the east coast of Northern Ireland and straight lines sequentially joining the following geographical coordinates, which shall be measured according to the WGS84 coordinate system:

• a point on the east coast of the Ards peninsula in Northern Ireland at 54°30′ N

• 54°30′ N, 04°50′ W

• 53°15′ N, 04°50′ W

• a point on the east coast of Ireland at 53°15′ N.

3.2. By way of derogation from point 1, within the area and time period referred to therein the use of demersal trawls shall be permitted provided such trawls are fitted with selective devices that have been assessed by STECF.

4. Rockall haddock box in ICES sub-area 6

All fishing, except with longlines, shall be prohibited in the areas enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:

• 57°00′ N, 15°00′ W

• 57°00′ N, 14°00′ W

• 56°30′ N, 14°00′ W

• 56°30′ N, 15°00′ W

• 57°00′ N, 15°00′ W.

5. Closed area for the conservation of Norway lobster in ICES divisions 7c and 7k

5.1. Directed fishing for Norway lobster (Nephrops norvegicus) and associated species (namely, cod, megrims, anglerfish, haddock, whiting, hake, plaice, pollack, saithe, skates and rays, common sole, tusk, blue ling, ling and spurdog) shall be prohibited from 1 May to 31 May each year within the geographical area enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 coordinate system:

• 52°27′ N, 12°19′ W

• 52°40′ N, 12°30′ W

• 52°47′ N, 12°39,60′ W

• 52°47′ N, 12°56′ W

• 52°13,5′ N, 13°53,83′ W

• 51°22′ N, 14°24′ W

• 51°22′ N, 14°03′ W

• 52°10′ N, 13°25′ W

• 52°32′ N, 13°07,50′ W

• 52°43′ N, 12°55′ W

• 52°43′ N, 12°43′ W

• 52°38,80′ N, 12°37′ W

• 52°27′ N, 12°23′ W

• 52°27′ N, 12°19′ W.

5.2. Transit through the Porcupine Bank while carrying on board the species referred to in point 5.1 shall be permitted in accordance with Article 50(3), (4) and (5) of Regulation (EC) No 1224/2009.

6. Special rules for the protection of blue ling in ICES division 6a

6.1. From 1 March to 31 May each year directed fishing for blue ling shall be prohibited in the areas of ICES division 6a enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:

Edge of Scottish continental shelf

• 59°58′ N, 07°00′ W

• 59°55′ N, 06°47′ W

• 59°51′ N, 06°28′ W

• 59°45′ N, 06°38′ W

• 59°27′ N, 06°42′ W

• 59°22′ N, 06°47′ W

• 59°15′ N, 07°15′ W

• 59°07′ N, 07°31′ W

• 58°52′ N, 07°44′ W

• 58°44′ N, 08°11′ W

• 58°43′ N, 08°27′ W

• 58°28′ N, 09°16′ W

• 58°15′ N, 09°32′ W

• 58°15′ N, 09°45′ W

• 58°30′ N, 09°45′ W

• 59°30′ N, 07°00′ W

• 59°58′ N, 07°00′ W

Edge of Rosemary bank

• 60°00′ N, 11°00′ W

• 59°00′ N, 11°00′ W

• 59°00′ N, 09°00′ W

• 59°30′ N, 09°00′ W

• 59°30′ N, 10°00′ W

• 60°00′ N, 10°00′ W

• 60°00′ N, 11°00′ W

Not including the area enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:

• 59°15′ N, 10°24′ W

• 59°10′ N, 10°22′ W

• 59°08′ N, 10°07′ W

• 59°11′ N, 09°59′ W

• 59°15′ N, 09°58′ W

• 59°22′ N, 10°02′ W

• 59°23′ N, 10°11′ W

• 59°20′ N, 10°19′ W

• 59°15′ N, 10°24′ W.

6.2. A by-catch of blue ling up to a threshold of 6 tonnes may be retained on board and landed. Once a vessel reaches this six-tonne threshold of blue ling:

(a)

it shall immediately cease fishing and exit the area in which it is present;

(b)

it may not re-enter either of the areas until its catch has been landed;

(c)

it may not return to the sea any quantity of blue ling.

6.3. From 15 February to 15 April each year, it shall be prohibited to use bottom trawls, longlines and static nets within an area enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:

• 60°58.76′ N, 27°27.32′ W

• 60°56.02′ N, 27°31.16′ W

• 60°59.76′ N, 27°43.48′ W

• 61°03.00′ N, 27°39.41′ W

• 60°58.76′ N, 27°27.32′ W.

7. Restrictions on fishing for mackerel in ICES divisions 7e, 7f, 7g and 7h

7.1. Directed fishing for mackerel with towed gear with a codend mesh size of less than 80 mm or with purse seines shall be prohibited, except where the weight of the mackerel does not exceed 15 % by live weight of the total quantities of mackerel and other marine organisms on board which have been caught, within the area enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:

• a point on the south coast of the United Kingdom at 02°00′ W

• 49° 30′ N, 2° 00′ W

• 49° 30′ N, 7° 00′ W

• 52° 00′ N, 7° 00′ W

• a point on the west coast of the United Kingdom at 52° 00′ N.

7.2. It shall be permitted to fish within the area defined in point 7.1 with:

• static nets and/or hand lines;

• demersal trawls, Danish seines or other similar towed nets, with a mesh size greater than 80 mm.

7.3. Vessels which are not equipped for fishing and to which mackerel are being transhipped shall be permitted within the area defined in point 7.1.

8. Restrictions on the use of beam trawls within 12 nautical miles of the coast of the United Kingdom and Ireland

8.1. The use of any beam trawl of mesh size less than 100 mm shall be prohibited in ICES division 5b and ICES sub-area 6 north of latitude 56°N.

8.2. Vessels shall be prohibited from using any beam trawl inside the areas within 12 nautical miles of the coasts of the United Kingdom and Ireland, measured from the baselines from which the territorial waters are measured.

8.3. Fishing with beam trawls within the specified area shall be permitted provided that:

• The engine power of the vessels does not exceed 221 Kw and their length does not exceed 24 m; and

• The beam length or aggregated beam length, measured as the sum of each beam, is no more than 9 m, or cannot be extended to a length greater than 9 m, except when directed fishing for common shrimp (Crangon crangon) with a codend mesh size of less than 31 mm.

9. Use of static nets in ICES divisions 5b, 6a, 6b, 7b, 7c, 7h, 7j and 7k

9.1. In accordance with point (a) of Article 9(7) and by way of derogation from Part B, Point 2 of this Annex, it shall be permitted to use the following gear in waters with a charted depth of less than 600 m:

• Bottom set gillnets used for directed fishing for hake with a mesh size of at least 100 mm and no more than 100 meshes deep, where the total length of all nets deployed does not exceed 25 km per vessel and the maximum soak time is 24 hours.

• Entangling nets used for directed fishing for anglerfish with a mesh size of at least 250 mm and no more than 15 meshes deep, where the total length of all nets deployed does not exceed 100 km and the maximum soak time is 72 hours.

9.2. Directed fishing for deepwater sharks as listed in Annex I to Regulation (EU) 2016/2336 in charted depths of less than 600 m shall be prohibited. When accidentally caught, deepwater sharks classified as prohibited in this Regulation and other Union legislation shall be recorded, unharmed to the extent possible, and shall be promptly released. Deepwater sharks subject to catch limits shall be retained on board. Such catches shall be landed and counted against quotas. In situations where quota is not or not sufficiently available to the Member State concerned, the Commission may resort to Article 105(5) of Regulation (EC) No 1224/2009. Where accidental catches of deepwater sharks by the vessels of any Member State exceed 10 tonnes then those vessels may no longer avail of the derogations set out in point 9.1.

(1)

To be phased-in over a two-year period from the date of entry into force of this Regulation.

(2)

A mesh size of at least 220 mm shall be used when fishing for anglerfish. A mesh size of at least 110 mm shall be used when directed fishing for pollack and hake in ICES divisions 7d and 7e.

(3)

Commission Delegated Regulation (EU) 2018/2034 of 18 October 2018 establishing a discard plan for certain demersal fisheries in North-Western waters for the period 2019-2021 (OJ L 327, 21.12.2018, p. 8).