Delegated Regulation (EU) 2015/98 is amended as follows:
(1)
Article 5 is amended as follows:
(a)
the title of Article 5 is replaced by the following:
‘Swordfish in the Atlantic Ocean’;
(b)
paragraph 1 is deleted;
(c)
paragraph 2 is replaced by the following:
‘2. By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, it shall be prohibited to target, retain on board or tranship, land, transport, store, display or offer for sale, sell or market swordfish ( Xiphias gladius ) below the minimum size, as set out in Annex IV to Regulation (EC) No 520/2007.’;
(2)
a new Article 5a is inserted as follows:
‘Article 5a
Mediterranean swordfish
(1) By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, it shall be prohibited to target, retain on board, tranship, land, transport, store, sell, display or offer for sale catches and by-catches of swordfish ( Xiphias gladius ), including from sport and recreational fisheries:
(a)
measuring less than 100 cm lower jaw fork length; or
(b)
weighing less than 11,4 kg of round weight or 10,2 kg of gilled and gutted weight.
(2) Notwithstanding paragraph 1, catching vessels fishing actively for swordfish may retain on board, tranship, transfer, land, transport, store, sell, display or offer for sale incidental catches of swordfish below the minimum size, provided such catches do not exceed 5 % by weight or number of pieces of the total swordfish catch of such vessels.
(3) By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, catching vessels not fishing actively for swordfish shall not retain on board swordfish exceeding the by-catch limit that Member States establish in their annual fishing plans for the total catch on board by weight or number of pieces.
(4) By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, it shall be prohibited to catch, retain on board, tranship or land of more than one swordfish per vessel per day for sport and recreational fisheries. Member States shall take the necessary measures to ensure and facilitate the release of swordfish caught alive in the framework of sport and recreational fishing.’.