CHAPTER I SCOPE AND DEFINITIONS

Article 1 Scope

This Regulation establishes the criteria and procedures for a system relating to the management of fishing effort in [^F1those parts of ^F1] ICES areas V, VI, VII, VIII, IX and X and CECAF divisions 34.1.1, 34.1.2 and 34.2.0 [^F2which are within United Kingdom waters^F2] .

Article 2 Definitions

For the purpose of this Regulation the following definitions shall apply:

[^F4 For the calculation of fishing effort, as defined in point (b), the fishing capacity of a vessel must be measured as the installed power expressed in kilowatts (kW).^F4]

CHAPTER II FISHING EFFORT MANAGEMENT REGIME

Title I Provisions concerning certain fisheries

^F5Article 3 Measures concerning the catching of demersal species and certain molluscs and crustaceans

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[^F6Article 4 Fishing vessels less than 15 metres and 10 metres

1.A fisheries administration must, jointly with the other fisheries administrations, determine the average annual fishing effort during the period 1998 to 2002 of United Kingdom fishing vessels less than 15 metres in length overall for each fishery listed in paragraph 3 in relation to each of the areas and divisions referred to in Article 1, excluding the biologically sensitive area.

2.A fisheries administration must, jointly with the other fisheries administrations, determine the average annual fishing effort during the period 1998 to 2002 of United Kingdom fishing vessels less than 10 metres in length overall for each fishery listed in paragraph 3 in relation to the biologically sensitive area.

3.The fisheries referred to in paragraphs 1 and 2 are—

(a)demersal fisheries, excluding demersal fisheries covered by Regulation (EU) 2016/2336 of the European Parliament and of the Council establishing specific conditions for fishing for deep-sea stocks in the north-east Atlantic and provisions for fishing in international waters of the north-east Atlantic;

(b)fisheries for scallops;

(c)fisheries for edible crab and spider crab.

4.A fisheries administration must, jointly with the other fisheries administrations, ensure that the fishing effort of these vessels is limited to the average annual level of fishing effort determined conforming to paragraphs 1 and 2.^F6]

^F7 Article 5 [^F7Conditions for certain fishing activities^F7]

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Title II

Article 6 ^F8... The biologically sensitive area

1. [^F9 In this Regulation, references to ‘the biologically sensitive area’ are references ^F9] to the area enclosed by the coast of Ireland to the south of 53° 30' N and to the west of 07° 00' W and straight lines sequentially joining the following geographical coordinates:

• a point on the coast of Ireland at latitude 53° 30' N

• latitude 53° 30' N, longitude 12° 00' W

• latitude 53° 00' N, longitude 12° 00' W

• latitude 51° 00' N, longitude 11° 00' W

• latitude 49° 30' N, longitude 11° 00' W

• latitude 49° 30' N, longitude 07° 00' W

• a point on the coast of Ireland at longitude 07° 00' W.

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Title III General provisions

Article 7 Lists of vessels

1.The [^F12Secretary of State^F12] shall establish a list of [^F13United Kingdom fishing vessels^F13] which are authorised to carry out their fishing activities in the fisheries defined in [^F14Article 4(3) in the areas and divisions referred to in Article 1^F14] .

2.[^F15 Vessels on the list referred to in paragraph 1^F15] may subsequently [^F16be replaced^F16] provided that the total fishing effort of vessels in any area and fishery defined in [^F17paragraph 1^F17] does not increase.

Article 8 Regulation of fishing effort

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2.[^F19 A fisheries administration^F19] shall regulate fishing effort by monitoring the activity of [^F20the^F20] fleet and by taking appropriate action if the level of the fishing effort authorised under Article 11 is about to be reached, to ensure that effort does not exceed the set limits.

3.[^F21 A fisheries administration^F21] shall issue [^F22authorisations for United Kingdom fishing vessels^F22] which engage in fishing activities in the fisheries referred to in [^F23Article 4(3) in the areas and divisions referred to in Article 1^F23] in accordance with [^F24Article 7 of Council Regulation (EC) No 1224/2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy^F24] .

Article 9

[^F25 A fisheries administration^F25] may limit fishing activities by [^F26United Kingdom fishing vessels^F26] to specific gear, seasons or parts of an ICES area or CECAF division.

^F27Article 10 Notification

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[^F28Article 11 Maximum annual effort

1.The maximum levels of annual fishing effort in the areas and divisions referred to in Article 1, excluding the biologically sensitive area, for United Kingdom fishing vessels equal to or more than 15 metres in length overall are set out in Part 1 of the Annex to this Regulation by reference to group of species.

2.The maximum levels of annual fishing effort in the biologically sensitive area for United Kingdom fishing vessels equal to or more than 10 metres in length overall are set out in Part 2 of the Annex to this Regulation by reference to group of species.

3.The maximum levels of annual fishing effort fixed in Parts 1 and 2 of the Annex are without prejudice to fishing effort limitations fixed under recovery plans or any other management measure under relevant [^F29 assimilated direct^F29] law provided that the measure with the lower amount of fishing effort is complied with.^F28]

[^F30Article 12 Adaptations

1.Subject to paragraphs 2 and 3, the Secretary of State may, by regulations, adjust the maximum annual fishing effort in Article 11 either by an increase of the maximum fishing effort in a particular area or division, or by a shift of fishing effort between areas or divisions.

2.Where, in the circumstances described in paragraph 4, the exercise of the power to make regulations under paragraph 1 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 that power 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 4;

(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 4;

(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 4.

3.Before making any regulations under this Article, the Secretary of State must—

(a)obtain scientific information on the relevant fishing stocks; and

(b)consult—

(i)such bodies or persons as appear to the Secretary of State to be representative of the interests likely to be substantially affected by the regulations,

(ii)such other bodies or persons as the Secretary of State may consider appropriate.

4. The circumstances referred to in paragraph 2 are circumstances where the power in paragraph 1 is treated as a power exercisable by “a fisheries administration” instead of a power exercisable by the Secretary of State.

5.Regulations made by the Secretary of State under this Article are to be made by statutory instrument.

6.A statutory instrument containing regulations made under this Article is subject to annulment in pursuance of a resolution of either House of Parliament.

7.Such regulations may—

(a)contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018 ));

(b)make different provision for different purposes.^F30]

CHAPTER III CONTROL REGIME

[^F31Article 13 Control provisions

For the purposes of this Regulation, Section 2 of Chapter 1 of Title 4 of Council Regulation (EC) No 1224/2009 shall apply in the areas and divisions referred to in Article 1.^F31]

^F32Article 14 Amendments

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CHAPTER IV FINAL PROVISIONS

Article 15 Repeal

1.Regulations (EC) No 685/95 and (EC) No 2027/95 shall be repealed with effect from:

(a)the date of entry into force of the Regulation referred to in Article 11(2) or (3);

or

(b)1 August 2004,

whichever is the earlier.

2.References made to the repealed Regulations shall be construed as being made to this Regulation.

^F33Article 16 Entry into force

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ANNEX

[^F35PART 1 Maximum Annual Fishing Effort

PART 2 Maximum Annual Fishing Effort: the biologically sensitive area