Article 4Survivability exemption for common sole
1.
The survivability exemption referred to in Article 15(4)(b) of Regulation (EU) No 1380/2013 shall apply to common sole (Solea solea) below the minimum conservation reference size caught using otter trawls (OTB) with a cod-end mesh size of 80 to 99 mm in the Union waters of ICES division 4c, within six nautical miles of the coast but outside identified nursery areas.
2.
The exemption referred to in paragraph 1 shall only apply to vessels with a maximum length of 10 meters and a maximum engine power of 221 kW, fishing in waters with a depth of 30 meters or less and with tow durations of no more than ninety minutes.
3.
When discarding common sole caught in the cases referred to in paragraph 1, the common sole shall be released immediately.