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

Statutory Instruments

2021 No. 1429

Sea Fisheries

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

Made

13th December 2021

Laid before Parliament

14th December 2021

Coming into force

31st December 2021

The Secretary of State, in exercise of the powers conferred by—

(a) Article 27(1A)(a) of Council Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing(1);

(b) Article 15(6A) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council on the Common Fisheries Policy(2);

(c) Article 4(2) of Regulation (EU) 2017/1004 of the European Parliament and of the Council on the establishment of a Union framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the common fisheries policy(3);

(d) Article 11(1A) of Regulation (EU) 2018/973 of the European Parliament and of the Council establishing a multiannual plan for demersal stocks in the North Sea and the fisheries exploiting those stocks, specifying details of the implementation of the landing obligation in the North Sea(4);

(e) Article 13(1A) of Regulation (EU) 2019/472 of the European Parliament and of the Council establishing a multiannual plan for stocks fished in the Western Waters and adjacent waters, and for fisheries exploiting those stocks(5); and

(f) Article 15(2A) of Regulation (EU) 2019/1241 of the European Parliament and of the Council on the conservation of fishery resources and the protection of marine ecosystems through technical measures(6);

and now vested in the Secretary of State, and in exercise of the powers conferred by section 36(1)(b) and (c) of the Fisheries Act 2020(7) makes the following Regulations.

In accordance with Article 15(2A) of Regulation (EU) 2019/1241 of the European Parliament and of the Council on the conservation of fishery resources and the protection of marine ecosystems through technical measures, the Secretary of State has obtained scientific evidence to support the measures made under Article 15(2A) contained in these Regulations.

In accordance with Article 15(2C) of Regulation (EU) 2019/1241 of the European Parliament and of the Council on the conservation of fishery resources and the protection of marine ecosystems through technical measures the Secretary of State(8) has consulted such bodies or persons as appear to the Secretary of State to be representative of the interests likely to be substantially affected by the measures made under Article 15(2A) contained in these Regulations and such other bodies or persons as the Secretary of State considers appropriate.

In accordance with section 41(1) of the Fisheries Act 2020, the Secretary of State has consulted the Scottish Ministers, the Welsh Ministers, the Department of Agriculture, Environment and Rural Affairs in Northern Ireland and such other persons likely to be affected by the measures made under section 36(1)(b) and (c) contained in these Regulations as the Secretary of State considers appropriate.

In accordance with—

Article 15(6B) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council on the Common Fisheries Policy;

Article 4(3) of Regulation (EU) 2017/1004 of the European Parliament and of the Council on the establishment of a Union framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the common fisheries policy;

Article 11(1B) of Regulation (EU) 2018/973 of the European Parliament and of the Council establishing a multiannual plan for demersal stocks in the North Sea and the fisheries exploiting those stocks, specifying details of the implementation of the landing obligation in the North Sea;

Article 13(1B) of Regulation (EU) 2019/472 of the European Parliament and of the Council establishing a multiannual plan for stocks fished in the Western Waters and adjacent waters, and for fisheries exploiting those stocks;

Article 15(2B) of Regulation (EU) 2019/1241 of the European Parliament and of the Council on the conservation of fishery resources and the protection of marine ecosystems through technical measures; and

section 40 of the Fisheries Act 2020,

the Secretary of State has, where necessary, obtained the consent of the Scottish Ministers, the Welsh Ministers and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland to the making of these Regulations.

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Sea Fisheries (Amendment etc.) (No. 2) Regulations 2021 and come into force on 31st December 2021.

(2) These Regulations extend to England and Wales, Scotland and Northern Ireland.

Commission Regulation (EU) No 468/2010 establishing the EU list of vessels engaged in illegal, unreported and unregulated fishing

2.—(1) Commission Regulation (EU) No 468/2010 establishing the EU list of vessels engaged in illegal, unreported and unregulated fishing(9) is amended as follows.

(2) Part B of the Annex (vessels listed by Regional Fisheries Management Organisations) is amended in accordance with the Schedule to these Regulations.

Commission Delegated Regulation (EU) No 1393/2014 establishing a discard plan for certain pelagic fisheries in north-western waters

3.—(1) Commission Delegated Regulation (EU) No 1393/2014 establishing a discard plan for certain pelagic fisheries in north-western waters(10) is amended as follows.

(2) In Article 2 (survivability exemption)—

(a) for paragraph 1 substitute—

“1.   By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, the landing obligation does not apply to:

(a) catches of mackerel and herring in the purse seine fisheries in ICES area 6; or

(b) catches of mackerel, horse mackerel, herring and sprat in the ring net fishery targeting pelagic species not subject to quotas in ICES divisions 7e and 7f,

if all of the conditions listed in paragraph 1A are satisfied and the requirement in Article 4 is met.

1A.   The conditions referred to in paragraph 1 are:

(a) the catch is released before a certain percentage (specified in paragraphs 2 and 3) of the purse seine is closed (“the point of retrieval”);

(b) the purse seine gear is fitted with a visible buoy clearly marking the limit for the point of retrieval; and

(c) the vessel and the purse seine gear are equipped with an electronic system which records and documents information on the time and location that the purse seine is hauled, and the extent to which it is hauled, for all fishing operations.”;

(b) in paragraph 2, for “in fisheries for”, in both places it occurs, substitute “where the catch is mostly”;

(c) in paragraph 3, for “a mixture of both species” substitute “any other combination of mackerel, herring, horse mackerel or sprat,”;

(d) in paragraph 4, for “mackerel and herring” substitute “mackerel, horse mackerel, herring and sprat”;

(e) omit paragraph 6.

(3) Omit Article 3 (de minimis exemptions in the years 2015, 2016 and 2017).

(4) In Article 3a (de minimis exemptions in the years 2018, 2019, 2020 and 2021)—

(a) in the heading, omit “in the years 2018, 2019, 2020 and 2021”;

(b) in point (a)—

(i) omit “6 %, in 2018, and”;

(ii) omit “, in 2019, 2020 and 2021,”;

(c) in point (b)—

(i) omit “6 %, in 2018, and”;

(ii) omit “, in 2019, 2020 and 2021,”;

(iii) after “subarea VII” insert “, if the requirement in Article 4 of this Regulation is met”;

(d) in point (c), omit “, in 2018, 2019, 2020 and 2021,”.

(5) In Article 4 (documentation of catches)—

(a) for “exemption” substitute “exemptions”;

(b) for “Article 2” substitute “Articles 2 and 3a”.

(6) In Article 5 (expiry), for “2021” substitute “2024”.

(7) In the Annex, in the table following paragraph 2, in the final column of the final row, after “horse mackerel” insert “, herring, sprat”.

Commission Delegated Regulation (EU) No 1395/2014 establishing a discard plan for certain small pelagic fisheries and fisheries for industrial purposes in the North Sea

4.—(1) Commission Delegated Regulation (EU) No 1395/2014 establishing a discard plan for certain small pelagic fisheries and fisheries for industrial purposes in the North Sea(11) is amended as follows.

(2) Omit Article 3 (de minimis exemption in the years 2015 and 2016).

(3) In Article 3a (de minimis exemption in the years 2018, 2019, 2020 and 2021)—

(a) omit from the heading “in the years 2018, 2019, 2020 and 2021”;

(b) omit “in 2018, 2019, 2020 and 2021”.

(4) In Article 4 (documentation of catches under the exemptions), in paragraph 2, for “Article 3” substitute “Article 3a”.

(5) In Article 5 (expiry), for “2021” substitute “2024”.

(6) In the Annex—

(a) omit point 1 (including the table);

(b) in point 3, for “points 1 and 2” substitute “point 2”;

(c) in point 4, omit “IIIa and”.

Commission Implementing Decision (EU) 2019/909 establishing the list of mandatory research surveys and thresholds for the purposes of the multiannual Union programme for the collection and management of data in the fisheries and aquaculture sectors

5.—(1) Commission Implementing Decision (EU) 2019/909 establishing the list of mandatory research surveys and thresholds for the purposes of the multiannual Union programme for the collection and management of data in the fisheries and aquaculture sectors(12) is amended as follows.

(2) In Article 1, for “2020-2021” substitute “from 1 January 2022 until the end of 31 December 2024”.

Commission Delegated Decision (EU) 2019/910 establishing the multiannual Union programme for the collection and management of biological, environmental, technical and socioeconomic data in the fisheries and aquaculture sectors

6.—(1) Commission Delegated Decision (EU) 2019/910 establishing the multiannual Union programme for the collection and management of biological, environmental, technical and socioeconomic data in the fisheries and aquaculture sectors(13) is amended as follows.

(2) In Article 1, for “2020-2021” substitute “from 1 January 2022 until the end of 31 December 2024”.

Regulation (EU) 2019/1241 of the European Parliament and of the Council on the conservation of fisheries resources and the protection of marine ecosystems through technical measures

7.—(1) Regulation (EU) 2019/1241 of the European Parliament and of the Council on the conservation of fisheries resources and the protection of marine ecosystems through technical measures is amended as follows.

(2) In Annex 6 (North Western waters), in Part B (mesh sizes), in the table following point 2, in table note (1), after “In division 7d,” insert “with the exception of directed fishing for bass,”.

Commission Delegated Regulation (EU) 2019/2238 specifying details of implementation of the landing obligation for certain demersal fisheries in the North Sea for the period 2020-2021

8.—(1) Commission Delegated Regulation (EU) 2019/2238 specifying details of implementation of the landing obligation for certain demersal fisheries in the North Sea for the period 2020-2021(14) is amended as follows.

(2) In Article 1 (implementation of the landing obligation), omit “until the end of 2021”.

(3) In Article 2 (definitions)—

(a) in point (4), for “codend” substitute “cod-end”;

(b) in point (5), after “maximum mesh size of 105 mm” insert “, except that in United Kingdom waters of ICES division 4b the uppermost cod-end may be constructed with square meshes of at least 80 mm”;

(c) after point (5) insert—

“(6) ‘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 6 (survivability exemption for catch and by-catch of 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”.

(5) In Article 10 (de minimis exemptions)—

(a) in point (e), omit “in 2020 and 2021”;

(b) omit point (f);

(c) after the omitted point (f), insert—

“(fa) in the mixed demersal fisheries in United Kingdom waters of ICES divisions 4a and 4b, by vessels using bottom trawls or seines (OTB, OTT, SDN, SSC) with a mesh size of 70-99 mm:

a quantity of whiting below the minimum conservation reference size, which must not exceed 5 % of the total annual catches of whiting;”;

(d) in point (j) for “a quantity” to the end of the sentence in which it occurs substitute “any species subject to catch limits may be discarded, provided the total amount of each species discarded does not exceed 5 % of the total annual catches of that species;”;

(e) in point (k), for “7 % in 2020 and 6 % in 2021” substitute “6 %”;

(f) in point (l), for “7 % in 2020 and 6 % in 2021” substitute “6 %”;

(g) omit the second point (o) (which begins “in the demersal fisheries by vessels”)(15).

(6) For Article 14 (application) substitute—

“Article 14 Expiry

This Regulation ceases to have effect at the end of 31 December 2024.”.

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(16) 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.”.

Council Regulation (EU) 2020/123 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

10.—(1) Council Regulation (EU) 2020/123 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(17) is amended as follows.

(2) In Article 10 (measures on European seabass fisheries)—

(a) in paragraph 1—

(i) for “Until the end of 2021 it” substitute “It”;

(ii) for “During that period it” substitute “It”;

(b) in paragraph 2—

(i) in the first subparagraph—

(aa) for “until the end of January 2021 and from 1 April to the end of December 2021” substitute “during January and during the period from 1 April to the end of December in each calendar year”;

(bb) for points (a) and (b) substitute—

“(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 380 kilogrammes per month 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 380 kilogrammes per month 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 5.7 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 1.4 tonnes per vessel per year.”;

(ii) in the second subparagraph, omit the first sentence;

(iii) in the final subparagraph, omit “for an English or Welsh fishing vessel”;

(c) in paragraph 3, for the word “The”, in the first place it occurs, substitute “Except in the case of a replacement vessel as provided for in the second subparagraph of paragraph 2, the”;

(d) in paragraph 5—

(i) in point (a), for “until the end of February 2021 and for the whole of December 2021” substitute “during the period from 1 January to the end of February and during December in each calendar year”;

(ii) in point (b), for “from 1 March to the end of November 2021” substitute “during the period from 1 March to the end of November in each calendar year”;

(e) in paragraph 6, omit the definitions for “British fishery limits”, “English fishing vessel”, “the English zone”, “the Northern Ireland zone”, “the Scottish zone” and “Welsh fishing vessel”.

(3) Omit Article 12a (closed fishing seasons for sandeels).

Victoria Prentis

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

13th December 2021

Regulation 2(2)

SCHEDULE Amendments to table

The table in Part B of the Annex to Commission Regulation (EU) No 468/2010 (vessels listed by Regional Fisheries Management Organisations) is amended as follows—

(a) add two additional columns on the right side of the table, the first headed “Date of inclusion in UK IUU vessel list” and the second headed “Additional information”;

(b) in the entry for each vessel already listed in the table, in the new column headed “date of inclusion in UK IUU vessel list” insert “IP completion day”;

(c) before the row for the first vessel listed in the table (the vessel named “ABUNDANT 1”) insert the following new row—

“417000878

ABISHAK PUTHA 3

Unknown

SIOFA/CCSBT

31/12/2021

Call sign: 4SFXXXX”;

(d) after the row for the vessel named “HAI DA 705” insert the following new row—

“5IM61 / ICCAT 4000354 / E20-09219

HALELUYA

Unknown (latest known flag: Malaysia)

ICCAT, IOTC, NAFO, NEAFC

31/12/2021

Call sign: 51M615 Owner/Operator: Imanely SAS / NIT: 900076756 / No de Registry: 21591712 / Etat: Actif”;

(e) after the row for the vessel named “IANNIS 1” insert the following new rows—

“E21-05566	IMULA 0730 KLT	Sri Lanka	ICCAT/IOTC	31/12/2021	Call sign: 4SF4482
E21-05566	IMULA 0846 KLT	Sri Lanka	ICCAT/IOTC	31/12/2021
E21-05566	IMUL-A-1028-TLE	Sri Lanka	ICCAT/IOTC	31/12/2021
E21-05566	IND-TN-15-MM8297/ARARAT/RESH MITHA	India	ICCAT/IOTC	31/12/2021”

(f) after the row for the vessel named “LU RONG YUAN YU 109” insert the following new rows—

“Unknown	LU RONG YUAN YU 197	Unknown	NPFC	31/12/2021
Unknown	LU RONG YUAN YU 581	Unknown	NPFC	31/12/2021
Unknown	LU RONG YUAN YU 582	Unknown	NPFC	31/12/2021”

(g) after the row for the vessel named “MARIA” insert the following new rows—

“8529533 / E20-08757	MARIO 11	Senegal	ICCAT/IOTC	31/12/2021	Call sign: 6WMR Owner/Operator: HSIN FEI Trading Investment Co. Ltd
20180002 [ICCAT] / 61 [IOTC] [CCSBT: Unknown]	MARWAN 1 (known as AL WESAM 4 by ICCAT)	Somalia (previously DJIBOUTI, THAILAND)	CCSBT, ICCAT, IOTC	31/12/2021	Call sign: Unknown (previously HSN5721) Owner: SOMLINK FISHERIES INVESTMENT (MARINE RENOWN SARL)”;

(h) after the row for the vessel named “NEW BAI I No. 168” insert the following new row—

“8808654

NIKA

Unknown / Panama

CCAMLR/IOTC

31/12/2021

Call sign: HP6686 Owner: Jiho Shipping Ltd Operator: Marine Fisheries Corp. Co. Ltd”;

(i) after the row for the vessel named “OCEAN LION” insert the following new row—

“8665193 / E20-04293

OCEAN STAR No 2

Unknown

ICCAT/IOTC

31/12/2021

Call sign: YJRU6 Owner/Operator: Ming Shun Fishery Co LTD”;

(j) after the row for the vessel named “PESCACISNE 1/PESCACISNE 2” insert the following new row—

“20180003 [ICCAT] / 62 [IOTC] [CCSBT: 22/IS/2019 (Registration No.)]

PROGRESO (previously listed as AL WESAM 5)

Cameroon (previously DJIBOUTI, THAILAND)

CCSBT, ICCAT, IOTC

31/12/2021

Call sign: Unknown (previously HSN5447) Owner: Mr Pornchai Viriyajit (previously MARINE RENOWN SARL)”;

(k) after the row for the vessel named “REYMAR 6” insert the following new row—

“7825215 / 125 [IATTC] / 20110014 [ICCAT] / 25 [IOTC] / 280020064 [CCSBT/IATTC]

SAGE [according to ICCAT], CHIA HAO No. 66 [according to IATTC, IOTC, GFCM, NEAFC, SIOFA], (previous name according to IOTC: CHI FUW No. 6, previous names according to ICCAT: CHIA HAO No. 66, CHI FUW No. 6)

Gambia, previously Equatorial Guinea according to IOTC

IOTC/ICCAT

31/12/2021

Call sign: V3IN2 (IOTC) / C5J82 (ICCAT) Owner/Operator: Song Maw Fishery S.A.”;

(l) after the row for the vessel named “SEA URCHIN” insert the following new rows—

“20180004 [ICCAT] / 63 [IOTC] [CCSBT: 8692342]	SEA VIEW (previously listed as AL WESAM 2)	Cameroon (previously DJIBOUTI, THAILAND)	CCSBT, ICCAT, IOTC	31/12/2021	Call sign: Unknown (previously HSB3852) Owner/Operator: Unknown (previously MARINE RENOWN SARL)
20180005 [ICCAT] / 64 [IOTC] [CCSBT: 8692354]	SEA WIND (previously listed as AL WESAM 1)	Cameroon (previously DJIBOUTI, THAILAND)	CCSBT, ICCAT, IOTC	31/12/2021	Call sign: Unknown (previously HSN5282) Owner/Operator: Unknown (previously MARINE RENOWN SARL)”;

(m) after the row for the vessel named “STS-50” insert the following new row—

“7816472/72 [SIOFA]

SUMMER REFER [according to GFCM, NEAFC, SIOFA], OKAPI MARTA [according to ICCAT, IOTC, NEAFC] (previously listed solely as OKAPI MARTA)

Belize

GFCM, SIOFA, IOTC, ICCAT

31/12/2021”

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to retained EU law in the field of sea fisheries.

The United Kingdom’s illegal, unreported and unregulated (“IUU”) fishing vessel list is contained in Commission Regulation (EU) No 468/2010. Regulation 2 introduces the Schedule to these Regulations which amends the part of the list which specifies vessels contained in the IUU fishing vessels lists of regional fisheries management organisations (“RFMOs”). The amendments add vessels to the UK list to ensure that the UK maintains a list which includes all relevant vessels identified by RFMOs and meets its obligations to the RFMOs of which it is a member.

The ‘landing obligation’ (the requirement to land catches of certain fish stocks and count them against quota) is contained in Regulation (EU) No 1380/2013 and there are four additional retained EU law Regulations which specify exemptions from the landing obligation known as the ‘discard plans’. The discard plans are set out in Commission Delegated Regulation (EU) No 1393/2014(18), Commission Delegated Regulation (EU) No 1395/2014(19), Commission Delegated Regulation (EU) 2019/2238(20) and Commission Delegated Regulation (EU) 2019/2239(21). Regulations 3, 4, 8 and 9 amend the discard plans to extend their application beyond the end of 2021, when they were due to expire, and to make amendments to individual exemptions based on scientific advice.

Commission Implementing Decision (EU) 2019/909(22) and Commission Delegated Decision (EU) 2019/910(23) together set out the multiannual programme for the collection and management of fisheries data. Regulations 5 and 6 amend those Decisions to extend their application beyond the end of 2021 when they were due to expire.

Regulation 7 makes a minor amendment to Regulation (EU) 2019/1241(24) to increase the mesh size requirement for vessels fishing for bass in ICES area 7d. The relevant provision previously specified a minimum mesh size requirement of 90mm for certain fishing activities in area 7d but these Regulations increase that minimum mesh size to 100mm for directed fishing for bass using static nets.

Regulation 10 amends Council Regulation (EU) 2020/123(25) to update the provisions which regulate sea bass fishing. The amendments extend the application of the fishing measures beyond the end of 2021 when they were due to expire. They also increase overall the discard limits for vessels using trawls and seines, and revoke provisions relating to sandeel fishing which have now expired.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

(1)

EUR 2008/1005, amended by S.I. 2019/739 and 753. S.I. 2019/739 and 753 came into force on IP completion day by virtue of paragraph 1(1) of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020 (c. 1). S.I. 2019/739 was also amended before it came into force by S.I. 2019/1312, and S.I. 2019/753 was amended before it came into force by S.I. 2020/1542. The power previously contained in Article 27(1) is now vested in the Secretary of State in Article 27(1A).

(2)

EUR 2013/1380, amended by S.I. 2019/739, 753 and paragraph 2 of Schedule 11 to the Fisheries Act 2020 (c. 22). S.I. 2019/753 was amended before it came into force by S.I. 2020/1542 to provide for the amendment of paragraph (6) of Article 15 and the insertion of new paragraphs (6A) and (6B). The power previously contained in Article 15(6) is now vested in the Secretary of State in Article 15(6A).

(3)

EUR 2017/1004, amended by S.I. 2019/739, 753 and paragraph 7 of Schedule 11 to the Fisheries Act 2020. S.I. 2019/739 was amended before it came into force by S.I. 2019/1312 and 2020/1542. The power previously contained in Article 4(1) is now vested in the Secretary of State in Article 4(2).

(4)

EUR 2018/973, amended by S.I. 2019/753, 1312 and paragraph 9 of Schedule 11 to the Fisheries Act 2020. S.I. 2019/1312 came into force on IP completion day by virtue of paragraph 1(1) of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020. S.I. 2019/1312 was also amended before it came into force by S.I. 2020/1542 to provide for the insertion of new paragraphs (1A) and (1B) into Article 11. The power previously contained in Article 11(1) is now vested in the Secretary of State in Article 11(1A).

(5)

EUR 2019/472, amended by S.I. 2019/1312 and paragraph 10 of Schedule 11 to the Fisheries Act 2020. S.I. 2019/1312 was amended before it came into force by S.I. 2020/1542 to provide for the insertion of paragraphs (1A) and (1B) into Article 13. The power previously contained in Article 13(1) is now vested in the Secretary of State in Article 13(1A).

(6)

EUR 2019/1241, amended by S.I. 2019/1312 and paragraph 11 of Schedule 11 to the Fisheries Act 2020. S.I. 2019/1312 was amended before it came into force by S.I. 2020/1542. The power previously contained in Article 15(2) is now vested in the Secretary of State in Article 15(2A).

(7)

2020 c. 22.

(8)

For the purposes of Article 15(2C) of Regulation (EU) 2019/1241, “a fisheries administration” is defined in Article 1(9)(a) of Regulation (EU) 1380/2013 as meaning the Secretary of State, a devolved fisheries administration or the Marine Management Organisation.

(9)

EUR 2010/468, amended by S.I. 2019/739.

(10)

EUR 2014/1393, amended by paragraph 4 of Schedule 11 to the Fisheries Act 2020.

(11)

EUR 2014/1395, amended by S.I. 2019/848 and paragraph 5 of Schedule 11 to the Fisheries Act 2020. S.I. 2019/848 came into force on IP completion day by virtue of paragraph 1(1) of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020.

(12)

EUDN 2019/909, amended by S.I. 2020/1542.

(13)

EUDN 2019/910, amended by S.I. 2020/1542.

(14)

EUR 2019/2238, amended by paragraph 12 of Schedule 11 to the Fisheries Act 2020 and S.I. 2020/1542.

(15)

Article 10 inadvertently includes two different points lettered (o). The point which begins “in the demersal fisheries by vessels” was inserted by Article 1(3)(b) of Commission Delegated Regulation (EU) 2020/1758. The point which begins “in fisheries by vessels” was inserted by paragraph 12(5)(c) of Schedule 11 to the Fisheries Act 2020.

(16)

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

(17)

EUR 2020/123, as amended by paragraph 14 of Schedule 11 to the Fisheries Act 2020 and S.I. 2020/1542, 2021/698.

(18)

EUR 2014/1393, as amended by paragraph 4 of Schedule 11 to the Fisheries Act 2020.

(19)

EUR 2014/1395, as amended by S.I. 2019/848 and paragraph 5 of Schedule 11 to the Fisheries Act 2020.

(20)

EUR 2019/2238, as amended by paragraph 12 of Schedule 11 to the Fisheries Act 2020 and S.I. 2020/1542.

(21)

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

(22)

EUDN 2019/909, amended by S.I. 2020/1542.

(23)

EUDN 2019/910, amended by S.I. 2020/1542.

(24)

EUR 2019/1241, as amended by S.I. 2019/1312 and by paragraph 11 of Schedule 11 to the Fisheries Act 2020.

(25)

EUR 2020/123, as amended by paragraph 14 of Schedule 11 to the Fisheries Act 2020 and S.I. 2020/1542 and 2021/698.