Article 4Survivability exemption for common sole
1.
In ICES F1divisions 7a, 7d, 7e, 7f and 7g, within six nautical miles of the coast but outside identified nursery areas, the survivability exemption provided for in Article 15(4)(b) of Regulation (EU) No 1380/2013 shall apply to catches of common sole (Solea solea) below the minimum conservation reference size made using otter trawl gears (gear codes: OTT, OTB, TBS, TBN, TB, PTB, OT, PT, TX) with a F2cod-end mesh size of 80-99 mm, by vessels:
(a)
having a maximum length of 10 meters and a maximum engine power of 221 kW; and
(b)
fishing in waters with the depth of 30 meters or less and with tow durations of no more than 1:30 hours.
2.
When discarding common sole caught in the cases referred to in paragraphs 1, the common sole shall be released immediately.