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Council Regulation (EU) 2020/123Show full title

Council Regulation (EU) 2020/123 of 27 January 2020 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

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TITLE IIU.K.FISHING OPPORTUNITIES FOR [F1UNITED KINGDOM] FISHING VESSELS

CHAPTER IU.K.General provisions

F2Article 5U.K.TACs and allocations

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F2Article 6U.K.TACs to be determined by Member States

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F2Article 7U.K.Conditions for landing catches and by-catches

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F2Article 8U.K.Quota-exchange mechanism for TACs for unavoidable by-catches with regard to the landing obligation

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F2Article 9U.K.Fishing effort limits in ICES division 7e

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Article 10U.K.Measures on European seabass fisheries

1.[F3[F4It] is] prohibited for [F5United Kingdom] fishing vessels, as well as for any commercial fisheries from shore, to fish for European seabass in ICES divisions 4b and 4c, and in ICES subarea 7. [F6[F7It] is] prohibited to retain, tranship, relocate or land European seabass caught in that area.[F8This prohibition does not apply to by-catches in shore-based fixed gillnets that are not set from a vessel of—

(a)up to—

(i)26 nets in relation to the IFC authority for the North West,

(ii)5 nets in relation to the IFC authority for the North East, and

(iii)1 net in relation to the IFC authority for Devon and Severn, and

(b)up to 50 nets in the Welsh zone.]

2.By way of derogation from paragraph 1, [F9during January and during the period from 1 April to the end of December in each calendar year], [F10United Kingdom] fishing vessels in ICES divisions 4b, 4c, 7d, 7e, 7f and 7h and in waters within 12 nautical miles from baselines under the sovereignty of the United Kingdom in ICES divisions 7a and 7g may fish for European seabass, and retain, tranship, relocate or land European seabass caught in that area with the following gear and within the following limits:

[F11(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 [F12760 kilogrammes in any two consecutive months] 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 [F13760 kilogrammes in any two consecutive months] 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 [F145.95 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 [F151.5 tonnes] per vessel per year.]

F16... In the case of a replacement of a [F10United Kingdom] fishing vessel, [F17a fisheries administration] may allow the derogation to apply to another fishing vessel provided that the number of [F10United Kingdom] fishing vessels subject to the derogation and their overall fishing capacity do not increase.

[F18Where the replacement vessel F19... is 8 metres or under in overall length and has no more than one hull, for the purposes of calculating the fishing capacity of the replacement vessel, and whether it may be subject to the derogation, it may be assumed that the replacement vessel’s gross tonnage and engine capacity is no greater than the vessel it replaced.]

3.[F20Except in the case of a replacement vessel as provided for in the second subparagraph of paragraph 2, the] catch limits set out in paragraph 2 [F21are not] transferable between vessels and, where a monthly limit applies, from one month to another. For [F22United Kingdom] fishing vessels using more than one gear in a single calendar month, the lowest catch limit set out in paragraph 2 for either gear shall apply.

F23...

F244.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.In recreational fisheries, including from shore, in ICES divisions 4b, 4c, 6a, [F257a and 7d to 7j]:

(a)[F26during the period from 1 January to the end of February and during December in each calendar year], only catch-and-release fishing with a rod or a handline for European seabass [F27is permitted]. During those periods, it [F28is] prohibited to retain, relocate, tranship or land European seabass caught in that area;

(b)[F29during the period from 1 March to the end of November in each calendar year], not more than two specimens of European seabass may be caught and retained per fisherman per day; the minimum size of European seabass [F30which may be retained is] 42 cm.

Point (b) of the first subparagraph [F31does] not apply to fixed nets, which may not be used to catch or retain European seabass during the period referred to in that point.

[F326In this Article—

  • F33...

  • F33...

  • F33...

  • “IFC authority” has the same meaning as in section 150 of the Marine and Coastal Access Act 2009;

  • F33...

  • F33...

  • F33...

  • “the Welsh zone” has the same meaning as in the Fisheries Act 2020.]

F347.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F35Article 11U.K.Measures on European eel fisheries in United Kingdom waters

Any targeted, incidental and recreational fishery of European eel is prohibited in United Kingdom waters and brackish waters such as estuaries, coastal lagoons and transitional waters until the end of February 2021.]

F36Article 12U.K.Special provisions on allocations of fishing opportunities

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F37Article 12aU.K. Closed fishing seasons for sandeels

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F38Article 13U.K.Remedial measures for cod and whiting in the Celtic Sea

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[F39Article 14U.K. Remedial measures for cod in the North Sea

1.The closed areas to fishing, except with pelagic gear (purse seines and trawls), and the periods during which the closures apply are set out in Annex IV.

F402.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F403.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F404.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F41Article 15U.K.Remedial measures for cod in Kattegat

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Article 16U.K.Prohibited species

1.It shall be prohibited for [F42United Kingdom] fishing vessels to fish for, to retain on board, to tranship or to land the following species:

(a)starry ray (Amblyraja radiata) in [F43United Kingdom] waters of ICES divisions 2a, 3a and 7d and ICES subarea 4;

(b)leafscale gulper shark (Centrophorus squamosus) in [F44United Kingdom] waters of ICES division 2a and subarea 4 and in F45... international waters of ICES subareas 1 and 14;

(c)Portuguese dogfish (Centroscymnus coelolepis) in [F46United Kingdom] waters of ICES division 2a and subarea 4 and in F47... international waters of ICES subareas 1 and 14;

(d)kitefin shark (Dalatias licha) in [F48United Kingdom] waters of ICES division 2a and subarea 4 and in F49... international waters of ICES subareas 1 and 14;

(e)birdbeak dogfish (Deania calcea) in [F50United Kingdom] waters of ICES division 2a and subarea 4 and in F51... international waters of ICES subareas 1 and 14;

(f)common skate (Dipturus batis) complex (Dipturus cf. flossada and Dipturus cf. intermedia) in [F52United Kingdom] waters of ICES division 2a and ICES subareas [F534, 6, 7 and 8];

(g)great lanternshark (Etmopterus princeps) in [F54United Kingdom] waters of ICES division 2a and subarea 4 and in F55... international waters of ICES subareas 1 and 14;

(h)tope shark (Galeorhinus galeus) when taken with longlines in [F56United Kingdom] waters of ICES division 2a and subarea 4 and in [F56United Kingdom] and international waters of ICES subareas 1, 5, 6, 7, 8, 12 and 14;

(i)porbeagle (Lamna nasus) in all waters;

F57(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(k)undulate ray (Raja undulata) in [F58United Kingdom] waters of ICES [F59subarea 6];

(l)whale shark (Rhincodon typus) in all waters;

F60(m). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(n)picked dogfish (Squalus acanthias) in [F61United Kingdom] waters of ICES [F62subareas 2, 4, 5, 6, 7 and 8][F39;]

[F63(o)splendid alfonsino ( Beryx splendens ) in NAFO subarea 6.]

2.When accidentally caught, species referred to in paragraph 1 shall not be harmed. Specimens shall be promptly released.

Textual Amendments

F64Article 17U.K.Data transmission

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F65CHAPTER IIU.K.Fishing authorisations in third-country waters

Article 18U.K.Fishing authorisations

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CHAPTER IIIU.K.Fishing opportunities in waters of regional fisheries management organisations

F66Section 1U.K.General provisions

19U.K.Quota transfers and exchanges

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Section 2U.K.ICCAT Convention Area

F67Article 20U.K.Fishing, farming and fattening capacity limitations

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F68Article 21U.K.Recreational fisheries

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Article 22U.K.Sharks

1.Retaining on board, transhipping or landing any part or whole carcass of bigeye thresher sharks (Alopias superciliosus) caught in any fishery shall be prohibited.

2.It shall be prohibited to undertake a directed fishery for species of thresher sharks of the Alopias genus.

3.Retaining on board, transhipping or landing any part or whole carcass of hammerhead sharks of the Sphyrnidae family (except for the Sphyrna tiburo) caught in fisheries in the ICCAT Convention Area shall be prohibited.

4.Retaining on board, transhipping or landing any part or whole carcass of oceanic whitetip sharks (Carcharhinus longimanus) taken in any fishery shall be prohibited.

5.Retaining on board silky sharks (Carcharhinus falciformis) caught in any fishery shall be prohibited.

F69Section 3U.K.CCAMLR Convention Area

Article 23U.K.Exploratory fisheries notifications

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Article 24U.K.Limits on exploratory fisheries for toothfish

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Article 25U.K.Krill fishery during the 2020-2021 fishing season

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Textual Amendments

Section 4U.K.IOTC Area of Competence

F70Article 26U.K.Limitation of fishing capacity of vessels fishing in the IOTC Area of Competence

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[F39Article 27U.K. Drifting FADs and supply vessels

1.Drifting FADs shall be equipped with instrumented buoys. The use of any other buoys, such as radio buoys is prohibited.

2.A purse seiner shall not follow more than 300 operational buoys at any one time.

3.The maximum number of instrumented buoys that may be acquired annually for each purse seine vessel is 500. No purse seine vessel shall have more than 500 instrumented buoys (buoy in stock and operational buoy) at any time.

4.The maximum number of supply vessels shall be two supply vessels in support of not less than five purse seiners F71.... This provision shall not apply [F72where only one supply vessel is used].

5.A single purse seiner shall not be supported by more than one single supply vessel F73... at any time.

6.[F74A fisheries administration must] not register new or additional supply vessels in the IOTC record of authorised vessels.]

Article 28U.K.Sharks

1.Retaining on board, transhipping or landing any part or whole carcass of thresher sharks of all the species of the Alopiidae family in any fishery shall be prohibited.

2.Retaining on board, transhipping or landing any part or whole carcass of oceanic whitetip sharks (Carcharhinus longimanus) in any fishery shall be prohibited, except for [F75United Kingdom fishing] vessels under 24 metres overall length engaged solely in fishing operations within [F76United Kingdom waters], and provided that their catch is destined solely for [F77United Kingdom] consumption.

3.When accidentally caught, species referred to in paragraphs 1 and 2 shall not be harmed. Specimens shall be promptly released.

[F78Article 28aU.K. Mobulid rays

1.It shall be prohibited for [F79United Kingdom] fishing vessels to fish for, to retain on board, to tranship, to land, to store, to offer for sale or to sell any part or whole carcass of Mobulid rays ( Mobulidae family which includes the genera Manta and Mobula ), except for fishing vessels carrying out subsistence fishery (where the fish caught are consumed directly by the families of the fishermen).

By way of derogation from the first subparagraph, Mobulid rays that are unintentionally caught by artisanal fishing (fisheries other than longline or surface fisheries, i.e. purse seines, pole and line, gillnet fisheries, handline and trolling vessels, and registered in the IOTC record of authorised vessels) may be landed for purposes of local consumption only.

2.All fishing vessels, other than those carrying out subsistence fishery, shall promptly release alive and unharmed, to the extent practicable, Mobulid rays as soon as they are seen in the net, on the hook, or on the deck, and shall do so in a manner that will result in the least possible harm to the individuals captured.]

F80Section 5U.K.SPRFMO Convention Area

Article 29U.K.Pelagic fisheries

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Article 30U.K. Mobulid rays

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Article 31U.K.Bottom fisheries

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Article 32U.K.Exploratory fisheries

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Textual Amendments

F80Section 6U.K.IATTC Convention Area

Article 33U.K.Purse-seine fisheries

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Article 34U.K.Drifting FADs

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Article 35U.K.Catch limits for bigeye tuna in longline fisheries

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Article 36U.K.Prohibition of fishing for oceanic whitetip sharks

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Article 37U.K.Prohibition of fishing for Mobulid rays

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F80Section 7U.K.SEAFO Convention Area

Article 38U.K.Prohibition of fishing for deep-water sharks

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F80Section 8U.K.WCPFC Convention Area

Article 39U.K.Conditions for bigeye tuna, yellowfin tuna, skipjack tuna and south Pacific albacore fisheries

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Article 40U.K.Management of fishing with FADs

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Article 41U.K.Limitations to the number of Union fishing vessels authorised to fish for swordfish

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Article 42U.K.Catch limits for swordfish in longline fisheries south of 20° S

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Article 43U.K.Silky sharks and oceanic whitetip sharks

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Article 44U.K.Overlap area between IATTC and WCPFC

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F80Section 9U.K.Bering Sea

Article 45U.K.Prohibition on fishing in the high seas of the Bering Sea

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F80Section 10U.K.SIOFA Agreement Area

Article 46U.K. Limits to bottom fishing

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