Commission Delegated Regulation (EU) 2020/2013 of 21 August 2020 amending Regulation (EU) 2019/1241 of the European Parliament and of the Council as regards technical measures for certain demersal and pelagic fisheries in the North Sea and in the South Western Waters

Article 1

Regulation (EU) 2019/1241 is amended as follows: (1) in Annex I, the following point is added: ‘(q) berried female European lobster ( Homarus gammarus ) in ICES divisions 3a, 4a and 4b’; (2) Annex V is amended as follows: (a) Part A is amended as follows: (i) the following entry is added to the table: ‘European lobster ( Homarus gammarus ) 90 mm (Carapace length) in the Swedish exclusive economic zone in ICES division 3a’ (ii) the following point is inserted below the table: — ‘1. The minimum conservation reference sizes specified in this Part for seabass ( Dicentrarchus labrax ) in the North Sea and European lobster ( Homarus gammarus ) in Swedish exclusive economic zone in the Skagerrak and Kattegat (ICES division 3a) shall apply to recreational fisheries.’; (b) the following points are added in Part B: — ‘1.3. By way of derogation from the specifications in the table, a fish retention device may be used in Northern prawn fisheries in the Skagerrak (ICES division 3an) provided that there are adequate fishing opportunities to cover by-catch and that the retention device is: — constructed with a top panel with a minimum mesh size of 120 mm square mesh; — at least 3 metres long; and — at least as wide as the sorting grid. — 1.4. The use of SepNep  ( ** ) as referred to in Annex I of this Regulation shall be permitted as an equivalent selectivity device in the directed fisheries for Norway lobster ( Nephrops norvegicus) . ( ** )    “SepNep” means an otter trawl which: — is constructed within the mesh size range of 80 to 99 +≥ 100 mm, — is fitted with multiple cod-ends of mesh sizes ranging from at least 80 to 120 mm attached to a single extension piece, the uppermost cod-end being constructed with a mesh size of at least 120 mm and fitted with a separation panel with a maximum mesh size of 105 mm, and — may furthermore be fitted with an optional selection grid with a bar spacing of at least 17 mm provided it is constructed in such a way so as to allow the escape of small Norway lobster.’; " (c) the following point is added to Part C: ‘7. Measures on European lobster in ICES division 3a 7.1. In the Swedish exclusive economic zone of ICES division 3a, European lobster (Homarus gammarus ) may only be fished with lobsterpots (FPO). The lobsterpot shall have at least two circular escape openings with a diameter of at least 60mm which are situated in the lower part of each compartment of the lobsterpot. Lobster accidentally caught with other fishing gear shall not be harmed and shall be promptly released back into the sea. 7.2. It shall be prohibited to fish for, retain on board, tranship and land European lobster ( Homarus gammarus ) in the Swedish exclusive economic zone of ICES division 3a: (a) in commercial fisheries during the period 1 January to first Monday after 20 September; (b) in recreational fisheries during the period 1 December to first Monday after 20 September. When caught accidentally during these periods, specimens of European lobster shall not be harmed and shall be promptly released back into the sea.’; (3) Part A of Annex VII is amended as follows: (a) in footnote 7, the first sentence is replaced by the following: ‘The minimum conservation reference size for horse mackerel ( Trachurus spp.) caught in ICES division 8c and ICES subarea 9 shall be 12 cm for 5 % of the respective quotas of Spain and Portugal in those areas. Within that limit of 5 %, in the xávega artisanal beach sein fishery in ICES division 9a, 1 % of the quota of Portugal may be caught with the size below 12 cm.’; (b) the following point is added below the table: ‘1. The minimum conservation reference sizes specified in this Part for haddock (Melanogrammus aeglefinus) , saithe (Pollachius virens) , pollack (Pollachius pollachius) , hake (Merluccius merluccius) , megrim (Lepidorhombus spp.), sole (Solea spp.), plaice (Pleuronectes platessa) , whiting (Merlangius merlangus) , ling (Molva molva) , blue ling (Molva dipterygia) , mackerel (Scomber spp.), herring (Clupea harengus) , horse mackerel (Trachurus spp .) , anchovy (Engraulis encrasicolus) and sardine (Sardina pilchardus) shall apply to recreational fisheries in the South Western Waters. However, the following minimum conservation reference sizes shall apply in ICES subarea 8 to the following species caught in recreational fisheries: Cod ( Gadus morhua ) 42 cm Red seabream ( Pagellus bogaraveo ) 40 cm European seabass ( Dicentrarchus labrax ) 42 cm’

Entry into force and application

Article 2

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 2021.

SepNep gear specifications

ANNEXSupplementary provisions

ANNEX SepNep gear specifications Upper cod end (fish cod-end) • Minimum mesh opening 120mm (between knots) • Maximum 80 mesh round (including selvedges) Lower cod end (Nephrops cod-end) • Minimum mesh opening 80mm (between knots) • Maximum 110 mesh round (including selvedges) Separation panel • The separation panel should be attached to all netting material of the trawl, so that the only way for a fish/Nephrops to enter the lower compartment of the trawl is by passing through the meshes of the panel. The panel should guide the large individuals towards the entrance of the upper cod-end. The start of the panel should be connected to the trawl belly. • Maximum mesh opening 105mm (between knots) • Minimum length panel 100# meshes • Aft edge of the panel, maximum 16# mesh wide • The front edge the panel should have a maximum width of 88 % of the trawl width. This equals for instance 2 panel meshes (105mm) on 3 trawl meshes (80mm). o Double knotted Dyneema advised for efficient functioning panel o Floats attached to under panel raise the fore section improving sieving efficiency for Nephrops Grid (optional) • The grid should be attached to all cod-end or extension netting material around the grid, preventing any form of free entrance to the lower cod-end other than upper openings of the grid. • Minimum bar spacing 17mm • Angle of the grid should be between 40 and 90 degree, but 45 is advised. • Entrance to the lower cod-end should be on the upper section of the grid. • The vertical grid entrance to the lower cod-end should be maximal 35 % of the combined length of the vertical bar openings and opening to the lower cod-end. • Weighted curtain ropes (72gr/m, 6mm diameter) are connected to the upper section of the extension or cod-end, and should be at least 4 meshes before the bottom section of the grid. • Weighted curtain ropes should be extended until they reach through the lower bars of the grid.