http://www.legislation.gov.uk/id/eur/2020/123

TITLE IIFISHING OPPORTUNITIES FOR UNITED KINGDOM FISHING VESSELS

CHAPTER IGeneral provisions

Article 10Measures on European seabass fisheries

1.

F1F2It is prohibited for F3United Kingdom fishing vessels, as well as for any commercial fisheries from shore, to fish for European seabass in ICES divisions 4b and 4c, and in ICES subarea 7. F4F5It is prohibited to retain, tranship, relocate or land European seabass caught in that area.F6This prohibition does not apply to by-catches in shore-based fixed gillnets that are not set from a vessel of—

a)

up to—

i)

26 nets in relation to the IFC authority for the North West,

ii)

5 nets in relation to the IFC authority for the North East, and

iii)

1 net in relation to the IFC authority for Devon and Severn, and

b)

up to 50 nets in the Welsh zone.

2.

By way of derogation from paragraph 1, F7during January and during the period from 1 April to the end of December in each calendar year, F8United Kingdom fishing vessels in ICES divisions 4b, 4c, 7d, 7e, 7f and 7h and in waters within 12 nautical miles from baselines under the sovereignty of the United Kingdom in ICES divisions 7a and 7g may fish for European seabass, and retain, tranship, relocate or land European seabass caught in that area F9subject to the catch limits set out in licence conditions by a fisheries administration, with the following gear and within the following limits:

F10(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 F11...;

(b)

using seines (SSC, SDN, SPR, SV, and SX), as specified in Annex XI, for unavoidable by-catches F12...;

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, F13...;

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 F14....

F15... In the case of a replacement of a F8United Kingdom fishing vessel, F16a fisheries administration may allow the derogation to apply to another fishing vessel provided that the number of F8United Kingdom fishing vessels subject to the derogation and their overall fishing capacity do not increase.

F17Where the replacement vessel F18... is 8 metres or under in overall length and has no more than one hull, for the purposes of calculating the fishing capacity of the replacement vessel, and whether it may be subject to the derogation, it may be assumed that the replacement vessel’s gross tonnage and engine capacity is no greater than the vessel it replaced.

3.

F19Except in the case of a replacement vessel as provided for in the second subparagraph of paragraph 2, the catch limits F20in licence conditions referred to in paragraph 2 F21are not transferable between vessels F22...

F23...

F244.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.

In recreational fisheries, including from shore, in ICES divisions 4b, 4c, 6a, F257a and 7d to 7j:

(a)

F26during the period from 1 F27February to the end of F28MarchF29... in each calendar year, only catch-and-release fishing with a rod or a handline for European seabass F30is permitted. During those periods, it F31is prohibited to retain, relocate, tranship or land European seabass caught in that area;

(b)

F32during F33January and during the period from 1 F34April to the end of F35December in each calendar year, not more than two specimens of European seabass may be caught and retained per fisherman per day; the minimum size of European seabass F36which may be retained is 42 cm.

Point (b) of the first subparagraph F37does not apply to fixed nets, which may not be used to catch or retain European seabass during the period referred to in that point.

F38(6)

In this Article—

F39...

“IFC authority” has the same meaning as in section 150 of the Marine and Coastal Access Act 2009;

F39...

“the Welsh zone” has the same meaning as in the Fisheries Act 2020.

F407.

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