CHAPTER IIFISHING EFFORT MANAGEMENT REGIME

Title I Provisions concerning certain fisheries

F1Article 3Measures concerning the catching of demersal species and certain molluscs and crustaceans

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F2Article 4Fishing vessels less than 15 metres and 10 metres

1.

A fisheries administration must, jointly with the other fisheries administrations, determine the average annual fishing effort during the period 1998 to 2002 of United Kingdom fishing vessels less than 15 metres in length overall for each fishery listed in paragraph 3 in relation to each of the areas and divisions referred to in Article 1, excluding the biologically sensitive area.

2.

A fisheries administration must, jointly with the other fisheries administrations, determine the average annual fishing effort during the period 1998 to 2002 of United Kingdom fishing vessels less than 10 metres in length overall for each fishery listed in paragraph 3 in relation to the biologically sensitive area.

3.

The fisheries referred to in paragraphs 1 and 2 are—

(a)

demersal fisheries, excluding demersal fisheries covered by Regulation (EU) 2016/2336 of the European Parliament and of the Council establishing specific conditions for fishing for deep-sea stocks in the north-east Atlantic and provisions for fishing in international waters of the north-east Atlantic;

(b)

fisheries for scallops;

(c)

fisheries for edible crab and spider crab.

4.

A fisheries administration must, jointly with the other fisheries administrations, ensure that the fishing effort of these vessels is limited to the average annual level of fishing effort determined conforming to paragraphs 1 and 2.

F3Article 5F3Conditions for certain fishing activities

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Title II

Article 6F4... The biologically sensitive area

1.

F5In this Regulation, references to ‘the biologically sensitive area’ are references to the area enclosed by the coast of Ireland to the south of 53° 30' N and to the west of 07° 00' W and straight lines sequentially joining the following geographical coordinates:

  • a point on the coast of Ireland at latitude 53° 30' N

  • latitude 53° 30' N, longitude 12° 00' W

  • latitude 53° 00' N, longitude 12° 00' W

  • latitude 51° 00' N, longitude 11° 00' W

  • latitude 49° 30' N, longitude 11° 00' W

  • latitude 49° 30' N, longitude 07° 00' W

  • a point on the coast of Ireland at longitude 07° 00' W.

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F73.

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Title III General provisions

Article 7Lists of vessels

1.

The F8Secretary of State shall establish a list of F9United Kingdom fishing vessels which are authorised to carry out their fishing activities in the fisheries defined in F10Article 4(3) in the areas and divisions referred to in Article 1.

2.

F11Vessels on the list referred to in paragraph 1 may subsequently F12be replaced provided that the total fishing effort of vessels in any area and fishery defined in F13paragraph 1 does not increase.

Article 8Regulation of fishing effort

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2.

F15A fisheries administration shall regulate fishing effort by monitoring the activity of F16the fleet and by taking appropriate action if the level of the fishing effort authorised under Article 11 is about to be reached, to ensure that effort does not exceed the set limits.

3.

F17A fisheries administration shall issue F18authorisations for United Kingdom fishing vessels which engage in fishing activities in the fisheries referred to in F19Article 4(3) in the areas and divisions referred to in Article 1 in accordance with F20Article 7 of Council Regulation (EC) No 1224/2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy.

Article 9

F21A fisheries administration may limit fishing activities by F22United Kingdom fishing vessels to specific gear, seasons or parts of an ICES area or CECAF division.

F23Article 10Notification

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F24Article 11Maximum annual effort

1.

The maximum levels of annual fishing effort in the areas and divisions referred to in Article 1, excluding the biologically sensitive area, for United Kingdom fishing vessels equal to or more than 15 metres in length overall are set out in Part 1 of the Annex to this Regulation by reference to group of species.

2.

The maximum levels of annual fishing effort in the biologically sensitive area for United Kingdom fishing vessels equal to or more than 10 metres in length overall are set out in Part 2 of the Annex to this Regulation by reference to group of species.

3.

The maximum levels of annual fishing effort fixed in Parts 1 and 2 of the Annex are without prejudice to fishing effort limitations fixed under recovery plans or any other management measure under relevant F25assimilated direct law provided that the measure with the lower amount of fishing effort is complied with.

F26Article 12Adaptations

1.

Subject to paragraphs 2 and 3, the Secretary of State may, by regulations, adjust the maximum annual fishing effort in Article 11 either by an increase of the maximum fishing effort in a particular area or division, or by a shift of fishing effort between areas or divisions.

2.

Where, in the circumstances described in paragraph 4, the exercise of the power to make regulations under paragraph 1 would be outside the jurisdiction of the Secretary of State under Article 1(7) of Regulation (EU) No 1380/2013, before making such regulations under that power the Secretary of State must obtain the consent of—

(a)

the Scottish Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(3) of that Regulation in the circumstances described in paragraph 4;

(b)

the Welsh Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(4) of that Regulation in the circumstances described in paragraph 4;

(c)

the Department of Agriculture, Environment and Rural Affairs, in Northern Ireland, to the extent that the exercise of the power would be within its jurisdiction under Article 1(5) of that Regulation in the circumstances described in paragraph 4.

3.

Before making any regulations under this Article, the Secretary of State must—

(a)

obtain scientific information on the relevant fishing stocks; and

(b)

consult—

(i)

such bodies or persons as appear to the Secretary of State to be representative of the interests likely to be substantially affected by the regulations,

(ii)

such other bodies or persons as the Secretary of State may consider appropriate.

4.

The circumstances referred to in paragraph 2 are circumstances where the power in paragraph 1 is treated as a power exercisable by “a fisheries administration” instead of a power exercisable by the Secretary of State.

5.

Regulations made by the Secretary of State under this Article are to be made by statutory instrument.

6.

A statutory instrument containing regulations made under this Article is subject to annulment in pursuance of a resolution of either House of Parliament.

7.

Such regulations may—

(a)

contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018 ));

(b)

make different provision for different purposes.