Article 1 Subject-matter and scope

United Kingdom

This Regulation establishes a multiannual plan (‘the plan’) for the following demersal stocks in F1United Kingdom waters of the North Sea (ICES divisions 2a, 3a and subarea 4), including the fisheries exploiting those stocks, and, where those stocks extend beyond the North Sea, in F2adjacent United Kingdom waters:

(a)

Cod (Gadus morhua) in subarea 4 (North Sea) and divisions 7d (Eastern Channel) and 3a.20 (Skagerrak);

(b)

Haddock (Melanogrammus aeglefinus) in subarea 4 (North Sea) and divisions 6a (West of Scotland) and 3a.20 (Skagerrak);

(c)

Plaice (Pleuronectes platessa) in subarea 4 (North Sea) and division 3a.20 (Skagerrak);

(d)

Saithe (Pollachius virens) in subareas 4 (North Sea) and 6 (Rockall and West of Scotland) and division 3a (Skagerrak and Kattegat);

(e)

Sole (Solea solea) in subarea 4 (North Sea);

F3(f)

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

(g)

Whiting (Merlangius merlangus) in subarea 4 (North Sea) and division 7d (Eastern English Channel);

(h)

Anglerfish (Lophius piscatorius) in division 3a (Skagerrak and Kattegat) and subareas 4 (North Sea) and 6 (Rockall and West of Scotland);

F4(i)

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

F5(j)

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

(k)

Norway lobster in subarea 4 (North Sea) by Functional Unit:

Norway lobster in Botney Gut-Silver Pit (Functional Unit 5);
Norway lobster in Farn Deeps (Functional Unit 6);
Norway lobster in Fladen Ground (Functional Unit 7);
Norway lobster in Firth of Forth (Functional Unit 8);
Norway lobster in Moray Firth (Functional Unit 9);
Norway lobster in Noup (Functional Unit 10);
F6...
...
Norway lobster in Devil's Hole (Functional Unit 34).

Where scientific advice indicates a change in the geographical distribution of the stocks listed in the first subparagraph of this paragraph, the F7Secretary of State may, subject to paragraph 2A, by regulations amend this Regulation by adjusting the areas listed in the first subparagraph of this paragraph in order to reflect that change. F8...

Where, on the basis of scientific advice, the F9Secretary of State considers that the list of stocks set out in the first subparagraph of paragraph 1 needs to be amended, the F10Secretary of State may, subject to paragraph 2A, by regulations amend that list.

F11(2A.)

Where, in the circumstances described in paragraph 2B, the exercise of the power to make regulations under paragraph 1 or 2 would be outside the jurisdiction of the Secretary of State under Article 1(7) of Regulation (EU) No 1380/2013, before making such regulations under either of those powers the Secretary of State must obtain the consent of—

(a)

the Scottish Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(3) of that Regulation in the circumstances described in paragraph 2B;

(b)

the Welsh Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(4) of that Regulation in the circumstances described in paragraph 2B;

(c)

the Department of Agriculture, Environment and Rural Affairs, in Northern Ireland, to the extent that the exercise of the power would be within its jurisdiction under Article 1(5) of that Regulation in the circumstances described in paragraph 2B.

(2B.)

The circumstances referred to in paragraph 2A are circumstances where the power in paragraph 1 or, as the case may be, the power in paragraph 2 is treated as a power exercisable by “a fisheries administration” instead of a power exercisable by the Secretary of State.

With respect to adjacent waters referred to in paragraph 1 of this Article, only Articles 4 and 6 and the measures related to fishing opportunities under Article 7 shall apply.

This Regulation also applies to by-catches caught in F12United Kingdom waters in the North Sea when fishing for the stocks listed in the first subparagraph of paragraph 1. However, where ranges of F_MSY and safeguards linked to biomass are established for those stocks under other F13enactments establishing multiannual plans, those ranges and safeguards shall apply.

This Regulation also specifies details for the implementation of the landing obligation in F14United Kingdom waters of the North Sea for all stocks of species to which the landing obligation applies under Article 15 of Regulation (EU) No 1380/2013.

Annotations

Textual amendments

F1: Words in Art. 1(1) substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 25(2)(a)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)
F2: Words in Art. 1(1) substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 25(2)(a)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)
F3: Art. 1(1)(f) omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 9(2)(a) (with Sch. 4 para. 31, Sch. 11 para. 15(3))
F4: Art. 1(1)(i) omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 9(2)(a) (with Sch. 4 para. 31, Sch. 11 para. 15(3))
F5: Art. 1(1)(j) omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 9(2)(a) (with Sch. 4 para. 31, Sch. 11 para. 15(3))
F6: Words in Art. 1(1)(k) omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 9(2)(b) (with Sch. 4 para. 31, Sch. 11 para. 15(3))
F7: Words in Art. 1(1) substituted (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 7(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
F8: Words in Art. 1(1) omitted (31.12.2020) by virtue of The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 25(2)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F9: Words in Art. 1(2) substituted (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 7(2)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F10: Words in Art. 1(2) substituted (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 7(2)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F11: Art. 1(2A)(2B) inserted (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 7(2)(c); 2020 c. 1, Sch. 5 para. 1(1)
F12: Words in Art. 1(4) inserted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 25(2)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F13: Word in Art. 1(4) substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 25(2)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F14: Words in Art. 1(5) substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 25(2)(c); 2020 c. 1, Sch. 5 para. 1(1)