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TITLE IVU.K.CONTROL OF FISHERIES

CHAPTER IVU.K.Control of technical measures

Section 1U.K.Use of fishing gear

Article 47U.K.Fishing gear

In fisheries in which it is not allowed to use more than one type of gear, any other gear shall be lashed and stowed so that it may not readily be used, in accordance with the following conditions:

(a)

nets, weights and similar gear shall be disconnected from their trawl boards and towing and hauling wires and ropes;

(b)

nets which are on or above deck shall be securely lashed and stowed;

(c)

longlines shall be stowed in lower decks.

Article 48U.K.Retrieval of lost gear

1.A [F1United Kingdom] fishing vessel shall have the equipment on board to retrieve lost gear.

2.The master of a [F2United Kingdom] fishing vessel that has lost gear or part of it shall attempt to retrieve it as soon as possible.

3.[F3If the lost gear cannot be retrieved, the master of the vessel must inform the competent authorities of a fisheries administration, which must then inform the competent authority of the coastal state if the gear is lost in waters outside United Kingdom waters, within 24 hours of the following:]

(a)the external identification number and the name of the fishing vessel;

(b)the type of lost gear;

(c)the time when the gear was lost;

(d)the position where the gear was lost;

(e)the measures undertaken to retrieve the gear.

4.If the gear that is retrieved by the competent authorities of [F4a fisheries administration] has not been reported as lost, these authorities may recover the cost from the master of the fishing vessel that lost the gear.

5.A [F5fisheries administration] may exempt [F6United Kingdom] fishing vessels of less than 12 metres’ length overall F7... from the requirement set out in paragraph 1 if they:

(a)operate exclusively within the territorial seas of the [F8United Kingdom]; or

(b)never spend more than 24 hours at sea from the time of departure to the return to port.

Textual Amendments

Article 49U.K.Catch composition

1.If catches which have been retained on board any [F9United Kingdom] fishing vessel have been taken with nets with different minimum mesh sizes during the same voyage, the species composition shall be calculated for each part of the catch which has been taken under different conditions. To that end, all changes from the mesh size previously used as well as the catch composition on board at the moment of any such change shall be entered into the fishing logbook.

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Textual Amendments

[F11Article 49aU.K. Separate stowage of catches below the minimum conservation reference sizes

1.All catches below the applicable minimum conservation reference size retained on board a [F12United Kingdom] fishing vessel shall be placed in boxes, compartments or containers in such a way that they are identifiable from other boxes, compartments or containers. Those catches shall not be mixed with any other fishery products.

2.Paragraph 1 shall not apply:

[F13(a)where the catches contain more than 80% of one or more of the following species—

(i)mackerel, herring, horse mackerel, blue whiting, boarfish, anchovy, argentine, sardine, sprat (i.e. small pelagic fisheries);

(ii)capelin, sandeel, Norwegian pout (i.e. fisheries for industrial purposes);]

(b)to fishing vessels of less than 12 metres' length overall where catches below the minimum conservation reference size have been sorted, estimated and recorded in accordance with Article 14 of this Regulation.

3.In the cases referred to in paragraph 2, [F14a fisheries administration must] monitor the catch composition by way of sampling.

Textual Amendments

Article 49bU.K. De minimis rule

[F15A fisheries administration must] ensure that catches falling under the de minimis exemption referred to in point (c) of Article 15(5) of Regulation (EU) No 1380/2013 do not exceed the percentage of the exemption established in the relevant F16... measure.

Textual Amendments

Article 49cU.K. Landing of catches below the minimum conservation reference sizes

Where catches below the applicable minimum conservation reference size are landed, those catches shall be stored separately and be treated in such a way that they are distinguished from fishery products destined for direct human consumption. F17...]

Textual Amendments

Section 2U.K.Control of fishing restricted areas

Article 50U.K.Control of fishing restricted areas

1.Fishing activities of [F18United Kingdom] fishing vessels and third country fishing vessels in fishing zones [F19within United Kingdom waters] where a fishing restricted area has been established F20... shall be controlled by the fisheries monitoring centre of [F21a fisheries administration], which shall have a system to detect and record the vessels’ entry into, transit through and exit from the fishing restricted areas.

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3.The frequency of data transmissions shall be of at least once every 30 minutes when a fishing vessel enters a fishing restricted area.

4.Transit through a fishing restricted area is allowed for all fishing vessels that are not authorised to fish in such areas subject to the following conditions:

(a)all gears carried on board are lashed and stowed during the transit; and

(b)the speed during transit is not less than six knots except in case of force majeure or adverse conditions. In such cases, the master shall immediately inform the fisheries monitoring centre of [F23a fisheries administration].

5.This Article shall apply to [F24United Kingdom] fishing vessels and third country fishing vessels of 12 metres’ length overall or more.

Textual Amendments

F25Section 3U.K. [F25Real-time closure of fisheries

F25Article 51U.K. General provisions

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F25Article 52U.K. Trigger catch in two hauls

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F25Article 53U.K. Real-time closure by Member States

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F25Article 54U.K. Real-time closure by the Commission]

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Textual Amendments

[F26Section 4 U.K. On-board processing and pelagic fisheries

Article 54a U.K. On-board processing

1. The carrying out on board a fishing vessel of any physical or chemical processing of fish to produce fish-meal, fish-oil, or similar products or to tranship catches of fish for such purposes shall be prohibited.

2. Paragraph 1 shall not apply to:

(a) the processing or transhipment of offal; or

(b) the production on board a fishing vessel of surimi.

Article 54bU.K. Catch handling and discharge restrictions on pelagic vessels

1.The maximum space between bars in the water separator on board pelagic fishing vessels targeting mackerel, herring and horse mackerel operating in the NEAFC Convention Area as defined in Article 3(2) of Regulation (EU) No 1236/2010 shall be 10 mm.

The bars shall be welded in place. If holes are used in the water separator instead of bars, the maximum diameter of the holes shall not exceed 10 mm. Holes in the chutes before the water separator shall not exceed 15 mm in diameter.

2.Pelagic vessels operating in the NEAFC Convention Area shall be prohibited from discharging fish under their water line from buffer tanks or refrigerated seawater (RSW) tanks.

3.Drawings related to the catch handling and discharge capabilities of pelagic vessels targeting mackerel, herring and horse mackerel in the NEAFC Convention Area F27... , as well as any modifications thereto, shall be sent by the master of the vessel to the [F28competent authorities of a fisheries administration]. The competent authorities of [F29a fisheries administration must] carry out periodic verifications of the accuracy of the drawings submitted. Copies shall be carried on board the vessel at all times.

Textual Amendments

Article 54c U.K. Restrictions on the use of automatic grading equipment

1. The carrying or use on board a fishing vessel of equipment which is capable of automatically grading, by size or by sex, herring or mackerel or horse mackerel shall be prohibited.

2. However, the carrying and use of such equipment shall be permitted provided that:

(a) the vessel does not simultaneously carry or use on board either towed gear of mesh size less than 70 mm or one or more purse seines or similar fishing gear; or

(b) the whole of the catch which may be lawfully retained on board:

(i)

is stored in a frozen state;

(ii)

the graded fish are frozen immediately after grading and no graded fish are returned to the sea; and

(iii)

the equipment is installed and located on the vessel in such a way as to ensure immediate freezing and not to allow the return of marine species to the sea.

3. By way of derogation from paragraphs 1 and 2 of this Article, any vessel authorised to fish in the Baltic Sea, the Belts or the Sound may carry automatic grading equipment in the Kattegat provided that a fishing authorisation has been issued in accordance with Article 7. The fishing authorisation shall define the species, areas, time periods and any other required conditions applicable to the use and carriage on board of the grading equipment.

4. This Article shall not apply in the Baltic Sea.]

Textual Amendments