Technical Conservation and Landing Obligation rules and regulations from 2022 onwards
Guidance on the technical conservation and landing obligation (discard ban) regulations applicable from 2022 onwards. Including how the rules apply, selling undersize fish, reporting requirements and quota management.
Documents
Details
On 6 April 2024. The Sea Fisheries (Amendment) Regulations 2024 removes the 31 December 2024 expiry date from each of the following regulations, which continue to remain in place:
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Commission Delegated Regulation (EU) No 1393/2014 establishing a discard plan for certain pelagic fisheries in North-Western waters.
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Commission Delegated Regulation (EU) No 1395/2014 establishing a discard plan for small pelagic fisheries and fisheries for industrial purposes in the North Sea.
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Commission Delegated Regulation (EU) 2019/2238 specifying details of implementation of the landing obligation for certain demersal fisheries in the North Sea for the period 2020-2021.
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Commission Delegated Regulation (EU) 2019/2239 specifying details of the landing obligation for certain demersal fisheries in North-Western waters for the period 2020-2021.
The existing exemptions will continue to apply across the UK until otherwise amended. The removal of the expiry date is to reduce uncertainty for UK businesses which are dependent upon these exemptions, whilst UK government progress work on discards reform following the 2023 consultation.
Update October 2023: Changes to Squid measures
Defra has introduced a Statutory Instrument (SI) to remove the derogation which allows a 40mm mesh size to be used for a directed squid fishery in the North Sea and in North-Western Waters. This derogation will be removed in English waters only.
This decision follows the outcome of the fly-seining consultation that ran last year – see link to summary of responses and government response published by Defra.
The SI (2023/1054) removes the derogation for all towed gears that allows the use of a mesh size of at least 40mm in a directed squid fishery, in the English zone, by removing the squid 40mm conditionality from the Tech Con Annex tables.
The removal of the squid mesh size derogation means that squid can only be targeted with at least 80mm trawls OR larger mesh sizes as required under existing regional technical measures.
The SI was laid before Parliament on the 29 September 2023, with the SI coming into force on 24 October 2023. Read the Sea Fisheries (Amendment) online.
The Sea Fisheries (Amendment etc.) (No. 2) Regulations 2021 (2021/1429) brings into effect the 2022 exemption changes. Please note the measures and exemptions to the landing obligation rules detailed within the guidance below apply within UK waters.
Any new exemptions or changes will be brought into force via secondary legislation and will be subject to Parliamentary approval.
When operating in EU waters please refer to the EC rules on discarding
Changes in exemptions within UK waters
New Exemption in force from the 1st of January 2022
- A survivability exemption for sprat and horse mackerel caught in the UK fishery targeting pelagic species mostly not subject to quotas caught in non-Union ICES divisions VIIe and VIIf. There is a similar exemption currently applying to mackerel and herring, and the UK is extending it to also cover sprat and horse mackerel in the ring net fishery.
- A survivability exemption for sole caught within six nautical miles of the coast, but outside identified nursery areas in the under 10m otter trawl fishery in ICES divisions VIIa, VIId, VIIe, VIIf and VIIg. There is currently a sole exemption in VIId (and also in IVc), and we are extending it to these neighbouring ICES areas.
- A 7% de minimis exemption for monkfish caught in the beam trawl fishery in ICES divisions VIId – VIIj (applicable in UK waters only).
Discontinuation of Current Exemptions
The follow exemptions will no longer apply from 2022.
- The cod element, from the de minimis exemption for cod and whiting in ICES areas IVa and IVb. The whiting element of the exemption will continue unaffected.
- De minimis exemption for ling caught by vessels using bottom trawls in ICES area IV.
Last updated 31 October 2023 + show all updates
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Changes to squid measures
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13 April 2023 update.
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Addition of 'A review of existing and proposed exemptions from the Landing Obligation applicable in the UK waters of the North Sea and North Western Waters regions'
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First published.