Commission Delegated Regulation (EU) 2020/2015 of 21 August 2020 specifying details of the implementation of the landing obligation for certain fisheries in Western Waters for the period 2021-2023

• Published date: 10 December 2020
• Date of Signature: 21 August 2020
• Subject Matter: Fisheries policy
• Official Gazette Publication: Official Journal of the European Union, L 415, 10 December 2020

02020R2015 — EN — 01.01.2022 — 001.001

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►B COMMISSION DELEGATED REGULATION (EU) 2020/2015 of 21 August 2020 specifying details of the implementation of the landing obligation for certain fisheries in Western Waters for the period 2021-2023 (OJ L 415 10.12.2020, p. 22)

Amended by:

		Official Journal
		No	page	date
►M1	COMMISSION DELEGATED REGULATION (EU) 2021/2063 of 25 August 2021	L 421	6	26.11.2021

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COMMISSION DELEGATED REGULATION (EU) 2020/2015

of 21 August 2020

specifying details of the implementation of the landing obligation for certain fisheries in Western Waters for the period 2021-2023

CHAPTER I

GENERAL PROVISIONS

Article 1

Implementation of the landing obligation

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In the Union Waters of North-Western Waters (ICES subareas 5, 6 and 7), of South-Western Waters (ICES subareas 8, 9 and 10 (waters around Azores), and of CECAF zones 34.1.1, 34.1.2 and 34.2.0 (waters around Madeira and the Canary Islands), the landing obligation provided for in Article 15(1) of Regulation (EU) No 1380/2013 shall apply in demersal and pelagic fisheries in accordance with this Regulation for the period 2021-2023.

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Article 2

Definitions

1.

‘Flemish panel’ means the last tapered netting section of a beam trawl whose:

—

posterior is directly attached to the cod-end,

—

upper and lower netting sections are constructed of at least 120 mm mesh as measured between the knots, and

—

stretched length is at least 3 m.

2.

‘Seltra panel’ means a selectivity device which:

—

consists of a top panel of at least 270 mm mesh size (diamond mesh) or a top panel of at least 300 mm mesh size (square mesh), placed in a four-panel box section, in the straight section of a cod end,

—

is at least 3 metres long,

—

is positioned no more than 4 metres from the cod line, and

—

is the full width of the top sheet of the box section of the trawl (i.e. from selvedge to selvedge).

3.

‘Netgrid selectivity device’ means a selectivity device consisting of a four panel section inserted into a two-panel trawl with an inclined sheet of diamond mesh netting with a mesh size of at least 200 mm, leading to an escape hole in the top of the trawl.

4.

‘CEFAS Netgrid’ means a Netgrid selectivity device developed by The Centre for Environment, Fisheries and Aquaculture Science for catches of Nephrops in the Irish Sea.

5.

‘Flip-flap trawl’ means a trawl equipped with a netting grid developed to reduce the capture of cod, haddock and whiting in Norway lobster fisheries.

6.

‘Flip-up rope’ means a gear modification on demersal beam trawls to help prevent stones and boulders entering the trawl and causing damage to both gear and catches.

7.

‘Benthos release panel’ means a panel of larger mesh or square mesh netting fitted into the lower panel of a trawl, usually a beam trawl to release any benthic material and seabed debris before it passes into the codend.

8.

‘Celtic Sea Protection Zone’ means the waters inside ICES divisions 7f, 7g and the part of 7j that lies North of latitude 50° N and East of 11° W.

9.

‘Voracera’ means a locally designed and built mechanised hook line, used by the artisanal fleet targeting red seabream in the South of Spain in ICES division 9a.

CHAPTER II

SURVIVABILITY EXEMPTIONS IN NORTH-WESTERN WATERS

Article 3

Survivability exemption for Norway lobster

1.

The survivability exemption provided for in Article 15(4)(b) of Regulation (EU) No 1380/2013 shall apply to:

(a)

Norway lobster (Nephrops norvegicus) caught in pots, traps or creels (gear codes: ( 1 ) FPO and FIX and FYK), in ICES subareas 6 and 7;

(b)

Norway lobster (Nephrops norvegicus) caught with bottom trawls (OTT, OTB, TBS, TBN, TB, PTB, OT, PT, TX) with a mesh size equal to or larger than 100 mm in ICES subarea 7;

(c)

Norway lobster (Nephrops norvegicus) caught in ICES subarea 7, with bottom trawls (OTT, OTB, TBS, TBN, TB, PTB, OT, PT, TX) with a mesh size of 70 to 99 mm in combination with highly selective gear options, as set out in paragraphs 2 and 3;

(d)

Norway lobster (Nephrops norvegicus) caught with otter trawls (OTT, OTB, TBS, TBN, TB, PTB, OT, PT, TX) with a mesh size of 80 to 110 mm in ICES division 6a within twelve nautical miles of the coast.

2.

The exemption under paragraph 1(c) shall apply to vessels fishing in the Celtic Sea Protection Zone, provided that they use one of the following selective gears:

(a)

square mesh panel of at least 300 mm;

(b)

square mesh panel of at least 200 mm for vessels less than 12 metres in length

(c)

Seltra panel;

(d)

Sorting grid with a maximum bar spacing of 35 mm as defined in Annex VI Part B to Regulation (EU) 2019/1241 of the European Parliament and of the Council ( 2 ) or equivalent Netgrid selectivity device;

(e)

100 mm cod-end with a 100 mm square mesh panel.

(f)

Dual cod-end with the uppermost cod-end constructed with T90 mesh of at least 90 mm and fitted with a separation panel with a maximum mesh size of 300 mm.

3.

The exemption under paragraph 1(c) shall apply to vessels fishing in ICES division 7a provided that they use one of the following selective gears:

(a)

300 mm square mesh panel of at least 300 mm;

(b)

square mesh panel of at least 200 mm for vessels less than 12 metres in length;

(c)

Seltra panel;

(d)

Sorting grid with a maximum bar spacing of 35 mm as defined in Annex VI Part B to Regulation (EU) 2019/1241;

(e)

CEFAS Netgrid;

(f)

Flip-flap trawl.

4.

When discarding Norway lobster caught in the cases referred to in paragraph 1, the Norway lobster shall be released whole, immediately and in the area where it has been caught.

Article 4

Survivability exemption for common sole

1.

The survivability exemption provided for in Article 15(4)(b) of Regulation (EU) No 1380/2013 shall apply in ICES division 7d, within six nautical miles of the coast but outside identified nursery areas, 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 cod end mesh size of 80 to 99 mm, by vessels:

(a)

having a maximum length of 10 metres and a maximum engine power of 221 kW; and

(b)

fishing in waters with the depth of 30 metres or less and with tow durations of no more than ninety minutes.

2.

When discarding common sole caught in the cases referred to in paragraphs 1, the common sole shall be released immediately.

Article 5

Survivability exemption for skates and rays

1.

The survivability exemption provided for in Article 15(4)(b) of Regulation (EU) No 1380/2013 shall apply to skates and rays (Rajiformes) caught by any fishing gear in the North-Western Waters (ICES subareas 6 and 7).

2.

Member States having a direct management interest shall submit, every year as soon as possible and not later than by 1 May, additional scientific information supporting the exemption laid down in paragraph 1. The Scientific, Technical and Economic Committee for Fisheries (STECF) shall assess that scientific information by 31 July every year.

3.

The exemption laid down in paragraph 1 shall also apply to Cuckoo ray. Member States having a direct management interest shall submit, every year as soon as possible and not later than by 1 May, additional scientific information supporting that exemption including provisional information on Cuckoo ray catches, Cuckoo ray discards and the progress of Cuckoo ray vitality or survival research in relevant fisheries. The STECF shall assess the provided scientific information before 31 July every year.

4.

When discarding skates and rays caught in the cases referred to in paragraph 1, the skates and rays shall be released immediately.

Article 6

Survivability exemption for plaice

1.

The survivability exemption provided for in Article 15(4)(b) of Regulation (EU) No 1380/2013 shall apply to:

(a)

plaice (Pleuronectes platessa) caught in ICES divisions 7d to 7g with trammel nets (gear codes: GTR, GTN, GEN, GN);

(b)

plaice (Pleuronectes platessa) caught in ICES divisions 7d to 7g with otter trawls (gear codes: OTT, OTB, TBS, TBN, TB, PTB, OT, PT, TX);

(c)

plaice (Pleuronectes platessa) caught in ICES divisions 7a to 7g by vessels having a maximum engine greater than 221 kW, and using beam trawls (TBB) fitted with a flip-up rope or benthic release panel;

(d)

plaice (Pleuronectes platessa) caught in ICES divisions 7a to 7g by vessels using beam trawls (TBB), having a maximum engine power of 221 kW or a maximum length of 24 metres, which are constructed to fish within 12 nautical miles of the coast and with average tow durations of no more than ninety minutes;

(e)

plaice (Pleuronectes platessa) caught in ICES division 7d with Danish seines (gear code: SDN);

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(f)

plaice (Pleuronectes platessa) caught in ICES divisions 7b to 7k with seines (SSC).

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2.

For the exemptions set out in points (c) and (d), Member States having a direct...