Article 3 Survivability exemption for Norway lobster
United Kingdom
The survivability exemption provided for in Article 15(4)(b) of Regulation (EU) No 1380/2013 shall apply to:
Norway lobster (Nephrops norvegicus) caught in pots, traps or creels (gear codes:f1 FPO and FIX and FYK), in ICES subareas 6 and 7;
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;
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;
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.
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:
square mesh panel of at least 300 mm;
square mesh panel of at least 200 mm for vessels less than 12 metres in length
Seltra panel;
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 Councilf2 or equivalent Netgrid selectivity device;
100 mm cod-end with a 100 mm square mesh panel.
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.
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:
300 mm square mesh panel of at least 300 mm;
square mesh panel of at least 200 mm for vessels less than 12 metres in length;
Seltra panel;
Sorting grid with a maximum bar spacing of 35 mm as defined in Annex VI Part B to Regulation (EU) 2019/1241;
CEFAS Netgrid;
Flip-flap trawl.
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.
Annotations
Footnotes
- f1
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Gear codes used in this Regulation refer to those codes in Annex XI to Commission Implementing Regulation (EU) No 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. For the vessels whose LOA is less than 10 metres gear codes used in this table refer to the codes from the FAO gear classification.
- f2
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Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1224/2009 and Regulations (EU) No 1380/2013, (EU) 2016/1139, (EU) 2018/973, (EU) 2019/472 and (EU) 2019/1022 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005 (OJ L 198, 25.7.2019, p. 105).