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Bass restrictions - Muddy waters!


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See this article on Facebook from European Anglers Alliance

 

https://www.facebook.com/EuropeanAnglersAlliance/posts/415646421893220

 

It seems that the EU regulation has not been legal yet!

 

For those who don't have access to Facebook here is a copy of what was said by the EAA, there is a bit more including maps etc. on Facebook

 

(Quote)

 

Happy New Year!

 

Sea bass

 

The zero bag limit, which should take effect from tomorrow won't take effect due to legal technicalities. At least this is our understanding - without any liability. If you intend to continue to fish a bag limit 3 bass as is the rule today (2 fish in Irish waters) then we believe you are free to do so. But please check with your national and local bass regulators first. Not everything is decided at EU level.

Explanation: As you probably know, a political agreement on sea bass management was reached at the Agriculture and Fisheries Council on 14-15 December (see posting 19 December below).

The agreement includes a bass zero bag limit during the first half of 2016 and a one bass bag limit during the second half of 2016. However, for this to take effect "an agreement" is not enough. "Adoption" is needed and the act shall be published in the Official Journal with information about when it takes effect.

However, the Member States have got until the 5th of January to give comments related to factual errors in the legal text, which therefore still remains a not adopted "proposal for a Council Regulation". After the 5th of January the proposal will be finalised by the lawyer-linguists "for adoption in January 2016".

Another thing worth noticing is the retroactive effect built into the proposal. Retroactive provisions are not very welcomed by neither courts nor citizens but here you have it, Article 49:

"Entry into force
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 2016.... This Regulation shall be binding in its entirety and directly applicable in all Member States."

The proposed Regulation has not been adopted as yet, and consequently not been published in the Official Journal of the European Union.

So we wish you good fishing and eating of bass in January until further notice from EU and/or your national legislators!

Happy New Year!
The EAA secretariat

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