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Commission Delegated Regulation (EU) 2016/2374 of 12 October 2016 establishing a discard plan for certain demersal fisheries in South-Western waters

Type Delegated Regulation

Publication 2016-12-23

Last updated 2018-01-01

State Expired

Department European Commission

Source EUR-Lex

articles 7

Reform history JSON API

COMMISSION DELEGATED REGULATION (EU) 2016/2374

of 12 October 2016

establishing a discard plan for certain demersal fisheries in South-Western waters

Article 1

Implementation of the landing obligation

The landing obligation provided for in Article 15(1) of Regulation (EU) No 1380/2013 shall apply in ICES subareas VIII, IX, X and CECAF zones 34.1.1, 34.1.2, 34.2.0 to the fisheries set out in the Annex to this Regulation.

Article 2

Survivability exemption

The exemption from the landing obligation provided for in Article 15(4)(b) of Regulation (EU) No 1380/2013 for species for which scientific evidence demonstrates high survival rates shall apply to Norway lobster (Nephrops norvegicus) caught in ICES subareas VIII and IX with trawls (gear codes ([^E0001]): OTB, OTT, PTB, TBN, TBS, TB, OT, PT and TX).

Member States having a direct management interest in south-western waters shall submit, before 1 May 2017, additional scientific information supporting the exemption laid down in paragraph 1. The Scientific, Technical and Economic Committee for Fisheries (STECF) shall assess the provided scientific information before 1 September 2017.

Article 3

De minimis exemptions

By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, the following quantities may be discarded:

(a)for hake (Merluccius merluccius), up to a maximum of 6 % in 2018 of the total annual catches of this species by vessels using trawls and seins (gear codes: OTT, OTB, PTB, OT, PT, TBN, TBS, TX, SSC, SPR, TB, SDN, SX and SV) to catch hake in ICES subareas VIII and IX;

(b)for common sole (Solea solea), up to a maximum of 5 % of the total annual catches of this species by vessels using beam trawl (gear code: TBB) and bottom trawls (gear codes: OTB, OTT, PTB, TBN, TBS, TBB, OT, PT and TX) targeting that species in ICES divisions VIIIa and VIIIb;

(c)for common sole (Solea solea), up to a maximum of 3 % of the total annual catches of this species by vessels using trammel nets and gillnets (gear codes: GNS, GN, GND, GNC, GTN, GTR and GEN) targeting that species in ICES divisions VIIIa and VIIIb.

Before 1 May 2018, Member States having a direct management interest in the South-Western waters shall submit to the Commission additional discard data and any other relevant scientific information supporting the exemption laid down in paragraph 1(a). The Scientific, Technical and Economic Committee for Fisheries (STECF) shall assess those data and that information before 1 September 2018.

Article 4

Vessels subject to the landing obligation

Member States shall determine, in accordance with the criteria laid down in the Annex to this Regulation, the vessels subject to the landing obligation for each particular fishery.

Vessels that were subject to the landing obligation in certain fisheries in 2016 shall remain subject to the landing obligation in those fisheries.

Before 31 December 2016, the Member States concerned shall submit to the Commission and other Member States, using the secure Union control website, the lists of vessels determined pursuant the paragraph 1 for each particular fishery set out in Annex. They shall keep those lists updated.

Article 5

Repeal

Delegated Regulation (EU) 2015/2439 is repealed.

Article 6

Entry into force

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2017 until 31 December 2018.

Article 4 shall apply from the date of entry into force of this Regulation.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX

Fisheries subject to the landing obligation

1. Common sole (Solea solea) fisheries

Fishing zones	Gear Code	Fishing gear description	Mesh Size	Species to be landed
ICES divisions VIIIa, b, d and e	OTB, OTT, PTB, TBN, TBS, TB, OT, PT, TX	All Bottom Trawls	Mesh size between 70 mm and 100 mm wide	All catches of common sole
ICES divisions VIIIa, b, d and e	TBB	All Beam trawls	Mesh size between 70 mm and 100 mm wide	All catches of common sole
ICES divisions VIIIa, b, d and e	GNS, GN, GND, GNC, GTN, GTR, GEN	All Trammel nets & Gill nets	Mesh size larger or equal to 100 mm wide	All catches of common sole

2. Common sole (Solea solea) and plaice (Pleuronectes platessa) fisheries

Fishing zones	Gear Code	Fishing gear description	Mesh Size	Species to be landed
ICES division IXa	GNS, GN, GND, GNC, GTN, GTR, GEN	All Trammel nets & Gill nets	Mesh size larger or equal to 100 mm	All catches of common sole and plaice

3. Hake (Merluccius merluccius) fisheries

Fishing zones	Gear Code	Fishing gear description	Mesh Size	Species to be landed
ICES divisions VIIIa, b, d and e	OTT, OTB, PTB, SDN, OT, PT, TBN, TBS, TX, SSC, SPR, TB, SX, SV	All Bottom Trawls & Seines	Mesh size larger or equal to 100 mm wide	All catches of hake
ICES divisions VIIIa, b, d and e	LL, LLS	All Long lines	All	All catches of hake
ICES divisions VIIIa, b, d and e	GNS, GN, GND, GNC, GTN, GEN	All Gill Nets	Mesh size larger or equal to 100 mm wide	All catches of hake
ICES divisions VIIIc and IXa	OTT, OTB, PTB, OT, PT, TBN, TBS, TX, SSC, SPR, TB, SDN, SX, SV	All Bottom Trawls and Seines	Use mesh size larger or equal to 70 mm	All catches of hake
ICES divisions VIIIc and IXa	GNS, GN, GND, GNC, GTN, GEN	All Gill Nets	Mesh size between 80 and 99 mm wide	All catches of hake
ICES divisions VIIIc and IXa	LL, LLS	All Long lines	Hook size bigger than 3,85 cm +/– 1,15 cm length and 1,6 cm +/– 0,4 cm width	All catches of hake

Reference period for the year 2017. For 2018 the reference period shall be 2015/2016.

4. Anglerfish (Lophiidae) fisheries

Fishing zones	Gear Code	Fishing gear description	Mesh Size	Species to be landed
ICES divisions VIIIa, b, d and e	GNS, GN, GND, GNC, GTN, GEN, GTR	All Trammel nets and Gill Nets	Mesh size larger of equal to 170 mm wide	All catches of anglerfish
ICES divisions VIIIc and IXa	GNS, GN, GND, GNC, GTN, GEN, GTR	All Trammel nets and Gill Nets	Mesh size larger of equal to 170 mm wide	All catches of anglerfish

5. Norway lobster (Nephrops norvegicus) fisheries

Fishing zones	Gear Code	Fishing gear description	Mesh Size	Species to be landed
ICES divisions VIIIa, b, d and e (only inside functional units)	OTB, OTT, PTB, TBN, TBS, TB, OT, PT, TX	All Bottom Trawls	Mesh size larger or equal to 70 mm	All catches of Norway lobster
ICES divisions VIIIc and IXa (only inside functional units)	OTB, PTB, OTT, TBN, TBS, OT, PT, TX TB	All Bottom Trawls	Mesh size larger or equal to 70 mm	All catches of Norway lobster

6. Black scabbardfish (Aphanopus carbo) fisheries

Fishing zones	Gear Code	Fishing gear description	Mesh Size	Species to be landed
ICES divisions VIIIc, IX, X and CECAF zone 34.1.2	LLS, DWS	Deepwater set-longlines	—	All catches of black scabbardfish where the total landings per vessel of all species in 2014 and 2015 [^E0003] consisted of more than 20 % of black scabbardfish

Reference period for the year 2017. For 2018 the reference period shall be 2015/2016.

7. Red seabream (Pagellus bogaraveo) fisheries

Fishing zones	Gear Code	Fishing gear description	Mesh Size	Species to be landed
ICES division IX	LLS, DWS	Deepwater set-longlines	Hook size bigger than 3,95 cm length and 1,65 cm width	All catches of red seabream where the total landings per vessel of all species in 2014 and 2015 [^E0004] consisted of more than 20 % of red seabream

Reference period for the year 2017. For 2018 the reference period shall be 2015/2016.

8. Blue whiting (Micromesistius poutassou) fisheries

Fishing zones	Gear Code	Fishing gear description	Mesh Size	Species to be landed
ICES divisions VIIIc and IXa	OTT, OTB, PTB, OT, PT, TBN, TBS, TX, SSC, SPR, TB, SDN, SX, SV	All Bottom Trawls and Seines	All	All catches of blue whiting

[^E0001]: Gear codes used in this Regulation are defined by the Food and Agriculture Organisation of the United Nations.

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