The Sea Fisheries (Amendment) (England) Regulations 2025
Source: legislation.gov.uk (2025-02-28)

These Regulations make amendments to assimilated law with regard to exemptions from the ‘landing obligation’ (the requirement to land catches of certain fish stocks and count them against quota) contained in Regulation (EU) No  1380/2013 (EUR 2013/1380).

Statutory Instruments

2025 No. 92

SEA FISHERIES, ENGLAND

The Sea Fisheries (Amendment) (England) Regulations 2025

Made

28th January 2025

Laid before Parliament

29th January 2025

Coming into force

28th February 2025

The Secretary of State, in exercise of the powers conferred by Articles 11(1) and 16(8) of Regulation (EU) 2018/973 (\"http://www.legislation.gov.uk/european/regulation/2018/0973\") of the European Parliament and of the Council establishing a multiannual plan for demersal stocks in the North Sea and the fisheries exploiting those stocks, specifying details of the implementation of the landing obligation in the North Sea(1 (\"#f00001\")), and in exercise of the powers conferred by section 36(1)(b) and (c), (4)(a), (c) and (d) and (6)(a) and (c) of the Fisheries Act 2020(2 (\"#f00002\")) (“the 2020 Act”), makes the following Regulations.

In accordance with section 41(1) of the 2020 Act, the Secretary of State has consulted the Welsh Ministers, the Scottish Ministers, the Department of Agriculture, Environment and Rural Affairs in Northern Ireland and such other persons as appear to the Secretary of State likely to be affected by the measures made under section 36(1)(b) and (c), (4)(a), (c) and (d) and (6)(a) and (c) of the 2020 Act contained in these Regulations, as the Secretary of State considers appropriate.

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Sea Fisheries (Amendment) (England) Regulations 2025 and come into force on 28th February 2025.

(2) These Regulations extend to England and Wales, Scotland and Northern Ireland.

Commission Delegated Regulation (EU) No 1393/2014 (\"http://www.legislation.gov.uk/european/regulation/2014/1393\") establishing a discard plan for certain pelagic fisheries in north-western waters

2.—(1) Commission Delegated Regulation (EU) No 1393/2014 (\"http://www.legislation.gov.uk/european/regulation/2014/1393\") establishing a discard plan for certain pelagic fisheries in north-western waters(3 (\"#f00003\")) is amended as follows.

(2) In Article 3a (de minimis exemptions), omit paragraph (c).

Commission Delegated Regulation (EU) No 1395/2014 (\"http://www.legislation.gov.uk/european/regulation/2014/1395\") establishing a discard plan for certain small pelagic fisheries and fisheries for industrial purposes in the North Sea

3.—(1) Commission Delegated Regulation (EU) No 1395/2014 (\"http://www.legislation.gov.uk/european/regulation/2014/1395\") establishing a discard plan for certain small pelagic fisheries and fisheries for industrial purposes in the North Sea(4 (\"#f00004\")) is amended as follows.

(2) Omit Article 3a (de minimis exemption).

Commission Delegated Regulation (EU) 2019/2238 (\"http://www.legislation.gov.uk/european/regulation/2019/2238\") specifying details of implementation of the landing obligation for certain demersal fisheries in the North Sea for the period 2020-2021

4.—(1) Commission Delegated Regulation (EU) 2019/2238 (\"http://www.legislation.gov.uk/european/regulation/2019/2238\") specifying details of implementation of the landing obligation for certain demersal fisheries in the North Sea for the period 2020-2021(5 (\"#f00005\")) is amended as follows.

(2) In Article 2 (definitions), after paragraph (6) insert—

“(7) ‘the English zone’ has the meaning given in Article 6 of Regulation (EU) 2019/1241 (\"http://www.legislation.gov.uk/european/regulation/2019/1241\")(6 (\"#f00006\"))”

(3) In Article 8 (survivability exemption for turbot), in paragraph (1), after “subarea 4” insert “, excluding waters within the English zone,”.

(4) In Article 10 (de minimis exemptions)—

(a)omit paragraph (e);

(b)in paragraph (fa), for “4a and 4b” substitute “4a, 4b and 4c”.

Daniel Zeichner

Minister of State

Department for Environment, Food and Rural Affairs

28th January 2025

Explanatory Note

(This note is not part of the Regulations)

These Regulations make amendments to assimilated law with regard to exemptions from the ‘landing obligation’ (the requirement to land catches of certain fish stocks and count them against quota) contained in Regulation (EU) No 1380/2013 (\"http://www.legislation.gov.uk/european/regulation/2013/1380\") (EUR 2013/1380).

Regulation 2 amends Commission Delegated Regulation (EU) No 1393/2014 (\"http://www.legislation.gov.uk/european/regulation/2014/1393\") establishing a discard plan for certain pelagic fisheries in north-western waters (EUR 2014/1393) to remove the de minimis exemption relating to mackerel, horse mackerel, herring and whiting caught in International Council for the Exploration of the Sea (ICES) division 7d in the Eastern English Channel.

Regulation 3 amends Commission Delegated Regulation (EU) No 1395/2014 (\"http://www.legislation.gov.uk/european/regulation/2014/1395\") establishing a discard plan for certain small pelagic fisheries and fisheries for industrial purposes in the North Sea (EUR 2014/1395) to remove the de minimis exemption relating to mackerel, horse mackerel, herring and whiting caught in ICES divisions 4b and c south of 54 degrees north.

Regulation 4 amends Commission Delegated Regulation (EU) 2019/2238 (\"http://www.legislation.gov.uk/european/regulation/2019/2238\") specifying details of implementation of the landing obligation for certain demersal fisheries in the North Sea for the period 2020-2021 (EUR 2019/2238) to remove the survivability exemption for turbot caught in waters within the English zone of ICES subarea 4. It also amends the de minimis exemption in relation to cod caught in waters within ICES division 4c.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the public, private or voluntary sector is foreseen.

(1)

EUR 2018/973, amended by S.I. 2019/753 (\"http://www.legislation.gov.uk/id/uksi/2019/753\"), 1312 (\"http://www.legislation.gov.uk/id/uksi/2019/1312\") and paragraph 9 of Schedule 11 to the Fisheries Act 2020. S.I. 2019/1312 (\"http://www.legislation.gov.uk/id/uksi/2019/1312\") came into force on IP completion day by virtue of paragraph 1(1) of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020 (c. 1) (\"http://www.legislation.gov.uk/id/ukpga/2020/1\"). It was amended before it came into force by S.I. 2020/1542 (\"http://www.legislation.gov.uk/id/uksi/2020/1542\"). For a definition of “a fisheries administration” and associated provisions regarding the interpretation of a power exercisable by a fisheries administration, see Article 1 of Regulation (EU) No 1380/2013 (\"http://www.legislation.gov.uk/european/regulation/2013/1380\") of the European Parliament and of the Council on the Common Fisheries Policy.

(2)

2020 c. 22 (\"http://www.legislation.gov.uk/id/ukpga/2020/22\").

(3)

EUR 2014/1393, amended by paragraph 4 of Schedule 11 to the Fisheries Act 2020, S.I. 2021/1429 (\"http://www.legislation.gov.uk/id/uksi/2021/1429\") and 2024/231 (\"http://www.legislation.gov.uk/id/uksi/2024/231\").

(4)

EUR 2014/1395, amended by paragraph 5 of Schedule 11 to the Fisheries Act 2020 and S.I. 2019/848 (\"http://www.legislation.gov.uk/id/uksi/2019/848\"), 2021/1429 (\"http://www.legislation.gov.uk/id/uksi/2021/1429\") and 2024/231 (\"http://www.legislation.gov.uk/id/uksi/2024/231\"). S.I. 2019/848 (\"http://www.legislation.gov.uk/id/uksi/2019/848\") came into force on IP completion day by virtue of paragraph 1(1) of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020.

(5)

EUR 2019/2238, amended by paragraph 12 of Schedule 11 to the Fisheries Act 2020 and S.I. 2020/1542 (\"http://www.legislation.gov.uk/id/uksi/2020/1542\"), 2021/1429 (\"http://www.legislation.gov.uk/id/uksi/2021/1429\") and 2024/231 (\"http://www.legislation.gov.uk/id/uksi/2024/231\").

(6)

EUR 2019/1241, amended by paragraph 11 of Schedule 11 to the Fisheries Act 2020 and by S.I. 2019/1312 (\"http://www.legislation.gov.uk/id/uksi/2019/1312\"), 2021/1429 (\"http://www.legislation.gov.uk/id/uksi/2021/1429\") and 2023/1054 (\"http://www.legislation.gov.uk/id/uksi/2023/1054\"). S.I. 2019/1312 (\"http://www.legislation.gov.uk/id/uksi/2019/1312\") came into force on IP completion day by virtue of paragraph 1(1) of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020.