[F11.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,
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.]
2.The point of retrieval shall be 80 % closure of the purse seine [F2where the catch is mostly] mackerel and it shall be 90 % closure of the purse seine [F2where the catch is mostly] herring.
3.If the surrounded school consists of [F3any other combination of mackerel, herring, horse mackerel or sprat,] the point of retrieval shall be 80 % closure of the purse seine.
4.It shall be prohibited to release catches of [F4mackerel, horse mackerel, herring and sprat] after the point of retrieval.
5.The surrounded school of fish shall be sampled before its release to estimate the species composition, the fish size composition and the quantity.
F56.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Art. 2(1)(1A) substituted for Art. 2(1) (31.12.2021) by The Sea Fisheries (Amendment etc.) (No. 2) Regulations 2021 (S.I. 2021/1429), regs. 1(1), 3(2)(a)
F2Words in Art. 2(2) substituted (31.12.2021) by The Sea Fisheries (Amendment etc.) (No. 2) Regulations 2021 (S.I. 2021/1429), regs. 1(1), 3(2)(b)
F3Words in Art. 2(3) substituted (31.12.2021) by The Sea Fisheries (Amendment etc.) (No. 2) Regulations 2021 (S.I. 2021/1429), regs. 1(1), 3(2)(c)
F4Words in Art. 2(4) substituted (31.12.2021) by The Sea Fisheries (Amendment etc.) (No. 2) Regulations 2021 (S.I. 2021/1429), regs. 1(1), 3(2)(d)
F5Art. 2(6) omitted (31.12.2021) by virtue of The Sea Fisheries (Amendment etc.) (No. 2) Regulations 2021 (S.I. 2021/1429), regs. 1(1), 3(2)(e)