1.The survivability exemption referred to in Article 15(4)(b) of Regulation (EU) No 1380/2013 shall apply to mackerel and herring caught in the purse seine fisheries in the Union waters of the North Sea (ICES divisions 2a, 3a and subarea 4), if all of the following conditions are met:
(a)the catch is released before a certain percentage (set out in paragraphs 2 and 3 below) 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;
(c)the vessel and the purse seine gear are equipped with an electronic recording and documenting system when, where and extent to which the purse seine has been hauled for all fishing operations.
2.The point of retrieval shall be 80 % closure of the purse seine in fisheries for mackerel and it shall be 90 % closure of the purse seine in fisheries for herring.
3.If the surrounded school consists of a mixture of both species the point of retrieval shall be 80 % closure of the purse seine.
4.It is prohibited to release catches of mackerel and herring 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.
6.Member States having a direct management interest shall submit as soon as possible and not later than 1 May 2022 evidence justifying the need to continue this exemption.