3rd Revised
Joint Recommendation
of
the Scheveningen Group
amending the Discard Plan
for
Demersal Fisheries in the North Sea
Main text
07.08.2019
Index
1. Background .................................................................................................................................... 2
1.1. Legal background .................................................................................................................... 2
1.2. Scheveningen High-Level Group ............................................................................................. 3
1.3. Consultation with relevant Advisory Councils ........................................................................ 3
1.4. Previously submitted joint recommendations ....................................................................... 4
1.5. Extent of discarding in North Sea Demersal Fisheries ............................................................ 5
2. Objectives and scope of the discard plan ...................................................................................... 5
2.1. Objectives ............................................................................................................................... 5
2.2. Scope ...................................................................................................................................... 6
3. Implementation of the landing obligation..................................................................................... 6
4. Exemptions .................................................................................................................................... 7
4.1. Additional scientific information supporting existing exemptions ......................................... 8
4.2. High Survivability exemptions .............................................................................................. 12
4.3. De minimis exemptions ........................................................................................................ 22
5. Adaptation of the Joint Recommendation .............................................................................. 28
1. Background
1.1. Legal background
One of the main elements of the reform of the Common Fisheries Policy (CFP),
introduced by Regulation (EU) no. 1380/2013 (the “Basic Regulation”), is the
introduction of a full landing obligation as from 1 January 2019. Article 15(4) of the
Basic Regulation provides that details of the implementation of the landing obligation
are specified in multiannual plans referred to in Article 9 and 10 of that Regulation.
Regulation (EU) no. 2018/973 established a multiannual plan for demersal stocks in
the North Sea and the fisheries exploiting those stocks (the “North Sea MAP”). Article
11 of that Regulation provides that for all stocks of species in the North Sea, to which
the landing obligation applies under Article 15(1) of the Basic Regulation, the
Commission is empowered to adopt delegated acts in accordance with Article 16 of
the North Sea MAP and Article 18 of the basic Regulation in order to supplement the
North Sea MAP by specifying details of that obligation as provided for in points (a) to
(e) of Article 15(5) of the Basic Regulation.
According to Article 14 of the North Sea MAP Member States, having a direct
management interest may submit joint recommendation (JR) for discard plans. These
are to contain details of the implementation of the landing obligation. Upon agreeing
a JR the Member States may propose to the Commission to translate it into a
Delegated Act.
The Commission is empowered to adopt Delegated Acts concerning specific
provisions regarding fisheries or species covered by the landing obligation,
exemptions for high survivability and de minimis provisions on the documentation of
catches and the fixing of minimum conservation reference sizes by virtue of Article 16
of the North Sea MAP and in accordance with Article 18 of the Basic Regulation.
On the basis of the authority granted to the European Commission by Article 15(6)
and 18(1) of the Basic Regulation and Article 11 of the North Sea MAP to adopt
discard plans by means of delegated acts, the Member States of the North Sea
hereby submit a joint recommendation for the amendment of the Commission
Delegated Regulation (EU) 2019/2035, as per Article 18(1) of the Basic Regulation
and Article 14 of the North Sea MAP, to the European Commission for a specific
discard plan for demersal fisheries in the North Sea.
1.2. Scheveningen High-Level Group
Following Article 18 of the Basic Regulation, the Fisheries Directors of the North Sea
Member States cooperating in the Scheveningen Group since 2004 established a
High Level Group (HLG) in December 2013 and agreed on a Memorandum of
Understanding setting out the principles and working methods of the Group. Members
of the Group are Belgium, Denmark, France, Germany, the Netherlands, Sweden and
the United Kingdom. An annual chair, with
chairing from 1 January 2019 to
31 December 2019, chairs the group. The HLG is assisted by a technical group and
a control group for discussions of control related issues in the North Sea.
1.3. Consultation with relevant Advisory Councils
The group acknowledges the importance of a meaningful input from stakeholders in
the process of drawing up the discard plans, especially in relation to identifying
challenges and solutions as well as formulating exemptions, in light of Article 18(2) of
the Basic Regulation.
With this in mind, the North Sea Advisory Council (NSAC) and the Pelagic Advisory
Council (PELAC) were invited to closely cooperate with the Scheveningen group.
There has been regular and detailed engagement between the Scheveningen group
and the NSAC and PELAC throughout the development of the joint recommendation.
In order to have a continuous consultation during the process, the NSAC and PELAC
have been invited to attend, in part, meetings of the Scheveningen High Level Group
and the Technical Group. Additionally, Scheveningen Group representatives have
attended several meetings of NSAC and PELAC in 2019.
On 12 April 2019 a draft of the joint recommendation was sent to NSAC and PELAC
for consultation. The NSAC did not reach a common position on advice on “comments
on the implementation of the landing obligation in the North Sea demersal fisheries –
joint recommendation for a delegated act for 2020”. Separate comments were
submitted by some of The Other Interest Group members of the NSAC on 8 May and
by the European Association of Fish Producers Organisation on 9 May. The
Scheveningen Group regrets not to have received a single position from the North
Sea AC and urges the NSAC to provide single advice in the future. The PELAC did
not submit written advice on the draft JR. However, the North Sea AC and the Pelagic
AC participated in the meeting of the High Level Group on 22 May 2019 and delivered
comments at this occasion. Additionally both ACs were invited to attend all meetings
of the technical group and the High Level Group.
The Scheveningen group remains committed to working in close cooperation with the
NSAC and the PELAC on implementation of the demersal landing obligation in the
North Sea area.
1.4. Previously submitted joint recommendations
For the purpose of detailed rules implementing the landing obligation the Member
States of the North Sea (Scheveningen group) submitted a joint recommendation on
30 May 2018, which was revised on 30 August 2018, for the years 2019 and beyond
for the demersal fisheries in the North Sea. On 6 November 2018 the Scheveningen
Group supplemented this joint recommendation with a complementary joint
recommendation for a discard plan for turbot in the North Sea. However, this request
for an exemption was not granted. Suggested corrections on gear types were
accepted. On 19 December 2018 the Scheveningen Group further submitted a joint
recommendation correcting two de minimis exemptions for whiting and cod in the
North Sea.
Details of implementation of the landing obligation for certain demersal fisheries in
the North Sea for 2019-2021 were set out in Commission Delegated Regulation (EU)
2018/2035 of 18 October 2018 (the “North Sea discard plan”) and Commission
Delegated Regulation amending the North Sea discard plan in regard to cod and
whiting.
On 29 May 2019 the Scheveningen Group submitted the joint recommendation
amending the discard plan for the demersal fisheries in the North Sea. The current
revision follows comments made by the Commission on the 15 July 2019 in light of
the evaluation by STECF in July 2019. The annexes referenced to in the joint
recommendation can be found in the joint recommendation of 29 May 2019.
1.5. Extent of discarding in North Sea Demersal Fisheries
The Scheveningen Group produced a Demersal Discard Atlas in 2014 detailing catch
compositions, landings data and discards estimates for 2010-2012. Data was
sourced from that reported by individual countries. Information on discards in
demersal fisheries (STECF; ICES; NSAC, JRC) suggests that discards in the different
fisheries varied significantly from close to 0% up to more than 40% of average catch
in weight before the introduction of the landing obligation.
With the phased introduction of the landing obligation since 2015, certain measures
to increase selectivity have been introduced, in particular as part of exemptions
granted in the framework of discard plans. Unwanted catches having become an
important issue with the entry into force of the landing obligation, the Scheveningen
group developed a choke mitigation tool and undertook an analysis of the choke
species allowing easily identifying potential choke species as tools for the
identification of additional solutions. Similar cases may arise where choke situations
are not due to a lack of sufficient quotas but to economic constraints, such as the
need for additional crew members for sorting the catch and more calls into ports with
the limited storage capacity being used for fish of little value affecting the operating
range of the fishing vessels and increasing the operation costs in terms of additional
steaming time and fuel costs. For some vessels, this could affect the economic
viability of their operations.
As to the recording of catches, the introduction of the code DIM allows the separate
recording of discards under de minimis exemptions. However, serious control
concerns remain, as infringements are extremely difficult to prove. It is therefore likely
that certain discards continue to occur but will vary between species, fisheries and
over time. However, whilst considering possible limitations, the available data has
allowed the informed development of this JR.
2. Objectives and scope of the discard plan
2.1. Objectives
The discard plan shall establish provisions for any of the specifications referred to in
Article 11 of the North Sea MAP in conjunction with Article 15(5) of the Basic
Regulation.
It is the position of Member States that increased selectivity, where possible, is the
most desirable way to deliver compliance with the landing obligation.
The recommendation of exemptions from the landing obligation is based on a
thorough, evidence-based process.
The Member States of the North Sea consider it desirable to achieve, where possible,
consistency with recommendations for specific discard plans to be submitted by other
regional groups in EU waters.
2.2. Scope
This JR will apply to demersal fisheries subject to catch limits in the North Sea as
defined in Article 4(2)(a) of the Basic Regulation comprising ICES areas 3a and 4.
Additionally, under Article 15 of the Basic Regulation the Scheveningen Group
recommends that the discard plan also covers the Union waters of ICES area 2a as
the TAC areas for the relevant demersal stocks also comprise this area. Throughout
this JR, reference to the North Sea hence means Union waters of areas 2a, 3a and
4, unless otherwise stated.
This JR will apply to all fishing vessels engaging in the specified demersal fisheries
in the North Sea without prejudice to rules applicable outside the aforementioned
Union waters under Member State jurisdiction. It is to be noted that part of the North
Sea lies within the Norwegian zone.
This part being subject to Norwegian legislation,
it cannot be a part of this plan.
3. Implementation of the landing obligation
In accordance with Article 15(1) c of the Basic Regulation, the Member States of the
Scheveningen Group are committed to the full introduction of the landing obligation
for demersal and deep-sea fisheries in the North Sea from 1 January 2019.
The Scheveningen Group will pay due respect to the application of the landing
obligation, research into survivability and selectivity and any advice from the Advisory
Councils before proposing further recommendations for future years.
The obligation to land all catches shall not apply in cases for which a specific
exemption is recommended as detailed in section 4 of this JR.
The obligation to land all catches shall also not apply in cases where catches as part
of a normal operational procedure is released, e.g. when cleaning the gear by rinsing
it in the sea or disposing of debris that builds up in the cod end.
The Scheveningen Group recognises the continued importance of addressing the
challenges of choke species in 2020 and beyond. The Group agrees on the
importance of Member States working collaboratively and with the European
Commission and the Advisory Councils on a variety of measures. This includes
exploring with the European Commission solutions not currently available to Member
States.
4. Exemptions
Situations where the landing obligation shall not apply are specified in Article 15(4) of
the Basic Regulation.
Moreover, taking into account that the Basic Regulation Recital (16) states that the
CFP should pay full regard, where relevant, to animal health, animal welfare, food
and feed safety and that Article 3, point h recalls that the CFP shall respect
consistency with other Union policies, catches of aquatic animals for which flesh
contaminants would exceed the maximum limits set by EU rules for human or animal
consumption would also be covered by this exemption. According to food safety
prescriptions as set out in Regulation (EC) No 853/2004 of the European Parliament
and of the Council as well as in Commission Regulation (EC) No 1881/2006 catches
of contaminated fish shall not be kept on board a vessel. This fish has to be disposed
directly into the sea.
Besides, in line with point c) of Article 15(4) of the Basic Regulation, which is in force
since 1 June 2015, fish showing damage caused by predators is not subject to the
landing obligation either.
In the North Sea discard plan for the period 2019-2021 a number of exemptions from
the landing obligation were granted for the duration of the Delegated Regulation, but
required Member States having a direct management interest to submit additional
scientific information supporting the exemption in order for STECF to assess the
provided scientific information. Other exemptions were limited to 2019. These
exemptions are resubmitted for 2020 and beyond with supporting scientific
information. Finally, the Scheveningen Group has identified new requests for
exemptions from the landing obligation, which the Scheveningen Group submits to
the Commission.
All proposed exemptions are proposed for the remaining duration of the North Sea
Discard Plan, i.e. 2020-2021.
The Scheveningen Group is faced with iterative and increasing requests for
information and data related to approved or extended fisheries specific exemptions
from the landing obligation. Such increasing requests are deemed to facilitate both
the presentation and the review of the exemptions covering various fisheries and
species complexes. However, the Scheveningen Group notes that such requests add
a substantial additional workload to the already heavy work programmes of national
research institutes. If such requests were to become a permanent feature in the
preparation of future discard plans, additional financial resources should be
considered in the framework of the DCF. Additionally, in such a case and with a view
to ease the work of the scientists in this respect, ways to facilitate the access of
scientists to fisheries related data should be reflected upon. In some cases the
general knowledge of the fisheries in the North Sea and common sense should be
considered when evaluating the exemptions requested.
The Scheveningen Group notes that STECF has so far not been able to provide
updated fisheries specific catch estimates and effort figures for 2017.
The Scheveningen Group emphasises the need for further developments regarding
selectivity and survivability facilitating the continued development of selective gears
and fisheries.
For all exemptions, except Article 5, in the North Sea demersal discard plan the
Scheveningen Group requests the removal of the condition to “release below the sea
surface”. For some exemptions, this was inserted in 2018 in the discard plan for 2019-
2021 although not mentioned in the JR in 2018. The Scheveningen Group would like
to point out that imposing such a requirement by the letter may actually lead to reverse
effects for the fish and poses great difficulties for fishermen, even raising safety
concerns for the fishermen. As nets are hauled on board for sorting the normal
procedure for discarding would be to remove the fish from the net while hauling it on
board or to push the discard fish over board from a table while being sorted. These
procedures minimize air exposure and handling of the fish.
If ‘underwater release’ is required, then fishers are likely to store “discard” fish in
baskets until the end of sorting, which may considerably increase time on deck for
some individuals (it’s very unlikely that fishers would stop sorting to release each one
underwater immediately they are picked up – this would simply be unworkable).
Fishers using some gears (e.g. set nets and lines) may simply shake unwanted catch
of the gear on hauling (therefore with a short drop back to the sea). The proposal
would see these having to be brought on board therefore increasing stress and
potential further trauma.
Such a proposal may therefore be counter-productive in terms of animal welfare
whilst at the same time increasing risk to fishers. A better approach might be
education of fishers to help them develop release techniques optimised for their
operations.
4.1. Additional scientific information supporting existing
exemptions
4.1.1. High survival exemption for Norway Lobster caught by demersal bottom
trawls
Member States have conducted a number of survival experiments on Nephrops
caught in demersal trawls. These experiments show high levels of survival whether
they are using trawl gears fitted with a species selective grid, trawl gears fitted with a
SELTRA panel, trawl gears fitted with a netgrid or trawl gears with a cod end larger
than 80mm.
Based on these findings exemptions for high survival are already included in Article
3 of the North Sea discard plan Regulation (EU) No 2018/2035 until 2021.
The Scheveningen Group recognises that further scientific information is requested
for certain areas on this fishery if the exemption is to be continued beyond 2021.
Due to the level of time and resource required to carry out further scientific studies
in this area, and due to the lack of other available scientific evidence outwith the
evidence already submitted, it has not been possible to provide further evidence on
the high survival of Nephrops caught by demersal trawls with a cod end larger than
80mm at this time. Although further information was requested the Scheveningen
Group notes that the STECF found that the supporting scientific information was
based on a robust approach and the validation technique used in the context of the
wider fleet is reasonable. Thus, in this regard further data should not be required.
The Scheveningen Group hereby submits new data supporting the high survivability
of Nephrops in the Northern Prawn fishery in annex A.
As regards the fishery targeting Nephrops in ICES area 4 and the fishery targeting
Northern Prawn in ICES area 3a and 4, the Scheveningen Group can accept
limiting the exemption to 2020 allowing time to submit additional scientific
information supporting the exemption. The Scheveningen Group commits to submit
additional scientific information by 1 May 2020 as mentioned in the STECF
assessment 19-02.
4.1.2. High survival exemption for skates and rays caught by all fishing gears
in the North Sea
On the basis of scientific evidence and rationale provided in the Joint
Recommendation from the Scheveningen Group a high survivability exemption for
Skates and Rays (excluding Cuckoo Ray) was granted for skates and rays until 31
December 2021 as set out in Article 8 of the North Sea discard plan. This exemption
requires Member States to collect additional information on survivability and
evidence that will contribute to the development of longer term management
measures. The Scheveningen Group submitted a roadmap on Skates and Rays to
the Commission on 31 October 2018 to illustrate the further work envisaged.
The Scheveningen Group hereby submits new information on Skates and Rays
supporting this exemption in annex B.
At a workshop held 14 February 2019 Member States in the Scheveningen Group
and the North Western Waters Group developed a table outlining the potential
evidence gaps for exploring the survivability rates of skates and rays species and
how they can be increased.
An extract of this work as regards the North Sea (4 and 3a) is enclosed in annex B.
The table captures information on the scientific research that each member state is
doing, including key information such as the species and gear type in focus and the
type of study that is being carried out or is being planned. The data generated by this
research will make a significant contribution to the evidence required to support the
continuation of the exemption. Due to limited resources and time, Member States
may have to prioritise some of these gaps.
Recognising that cuckoo rays are the highest priority at the current time due to the
May 2019 deadline, at the workshop Member States also collated information on the
scientific studies that are underway or planned by each MS. France and Spain
anticipate having outputs by May. Ireland, Belgium and UK have also initiated or are
planning cuckoo ray projects.
The Scheveningen Group has invited the North Sea AC to cooperate on developing
guidelines for best practice on handling skates and rays. The NSAC has accepted
this task and has provided a compilation of best practice already existing as a first
step towards harmonised best practice. The Control Group of the Scheveningen
Group is working on providing a more harmonised approach on the identification of
rays.
In appendix 1 to annex B further information is enclosed on the occurrence of skates
and rays in northern European waters and catches in Swedish fisheries in the
Skagerrak/Kattegat and the eastern North Sea.
ICES provided advice on a revision of the contribution of TACs to fisheries
management and stock conservation, published 20 September 2018. In this advice,
a number of issues regarding rays were highlighted, including fishing patterns,
vulnerability and knowledge gaps. ICES also provided advice for undulate ray in
Western Waters on July 2018 indicating the high survival of discards and that landing
higher shares of the catches would result in an increase in the fishing mortality for the
stock.
The Scheveningen Group calls for the Data Collection Framework to provide further
information on skates and rays.
4.1.3. De minimis exemption for Whiting caught by beam trawls 80-119 mm in
the North Sea ICES area 4
In the Joint Recommendation of the Scheveningen group of 30 august 2018, a de
minimis exemption was requested for Whiting (Merlangius merlangus) below
minimum conservation reference size (MCRS). The exemption would apply up to a
maximum of 2% of the total annual catches of plaice and sole that would fall under
landing obligation, for the demersal mixed fishery using beam trawls with a mesh size
of 80-119 mm (BT2) in ICES area 4 as set out in Article 9, litra l of the North Sea
discard plan.
The exemption was approved for three years, up to 31.12.2021, after assessment by
the STECF Working group and plenary meetings of June and July 2018 and
evaluation by the European Commission.
This exemption will apply to all BT2 vessels. The BT2 fisheries are dominated by
Netherlands flagged vessels (84 in total), accounting for 82% of all whiting catches in
the BT2 fisheries. Besides, by Dutch vessels, whiting in the BT2 is mainly caught by
Belgium (13%) and Germany (4%).
Based on the total catches of plaice and sole by the BT2 in the North Sea by all
member states in the period 2014-2016 the mean annual catch of both species in the
BT2 is 82.020 tons. The maximum amount of whiting discarded under this exemption
at 2% of catches of sole and plaice would be 1640 tons.
2014
2014
2015
2015
2016
2016
2014-16
landings
discards
landings
discards
landings
discards
average
catch
SOL
10401
1497
9604
2848
10893
1026
12089
PLE
30595
25363
33716
56235
33775
30098
69927
WHG
201
860
216
1472
224
970
1314
STECF in 2018 remarked that the evidence that was provided in 2018 to prove
additional costs of handling on board of unwanted catches should be provided in the
English language. This is provided in annex C.
This exemption request is in line with the existing exemption for whiting that is
applicable in areas 7b-7k in the North Western waters for a broad range of gears
including BT2. This exemption and supporting evidence was accepted by STECF and
previously granted by the Commission.
In regards to whiting, the Scheveningen Group wants to draw attention to the fact
that, contrary to last year, it has not had the opportunity to respond to the findings of
the STECF Working Group and could not provide evidence supporting the exemption
in addition to what has been provided. Furthermore, the Group notes that in area 7b-
k a de minimis exemption for whiting is in place and a level playing field should be
ensured across sea basins, especially as areas 7d and 4c are adjacent. Last year,
the whiting exemption was granted for three years in principle but has now been
rejected altogether. This turnaround seems rather large and contrary to intentions of
the delegated act in 2018. Finally, submitting a new joint recommendation at a later
stage is not the preferred route for member states as evidence from last year shows
this to be a drawn out process.
The Scheveningen Group therefore proposes a one year exemption (2020) for this
de minimis exemption on the condition of providing additional data on the
representativeness for the other fleets and to report on the uptake of further selectivity
measures by 1 May 2020 for STECF assessment. In this way the intention of the
joint recommendations of 2018 and 2019 are respected and the member states
commit to provide further evidence in support.
4.2. High Survivability exemptions
The Scheveningen Group recommends the following exemptions for reason of high
survivability in accordance with Article 15 (4)(b) of the Basic Regulation.
4.2.1. Catch and by-catch of plaice by vessels using trawl (OTB, PTB) of mesh
sizes ≥ 120 mm in the North Sea in the summer months
The Scheveningen Group recommends that by way of derogation from Article 15(1)
of the basic Regulation, the landing obligation shall not apply to plaice (pleuronectes
platessa) caught in the North Sea by vessels using trawl (OTB, PTB) ≥ 120 mm
targeting flatfish or roundfish in the summer months. The request is based on Article
15.4(b) of the Basic Regulation. Scientific evidence and rationale is provided in Annex
D. The full report of the scientific evidence was submitted 24 June 2019.
On the basis of scientific evidence and rationale provided in the Joint
Recommendation from the Scheveningen Group a high survivability exemption for
plaice caught in the North Sea using trawl (OTB, PTB) in the fishery targeting flatfish
or roundfish in the winter months was granted until 31 December 2021 as set out in
Article 6 of the North Sea discard plan.
Discard survival rate from provided studies in ICES area 3a has shown to be 75% in
the winter months and 44% in the summer months. The cases described in Annex D
originates from Danish fisheries in area 3a, but the Scheveningen Group considers
that the principles and evidence are applicable to the entire North Sea as the sea
basin of area 3a in regard to salinity, temperature, compilation of species and marine
environment is comparable to area 4 and fisheries are carried out at same depth,
same gear by the same vessels. Additionally, the exemption would ensure
consistency between fishery conditions in the North Sea and the North Western
Waters.
Similar to the release of unwanted bycatch of prohibited species in the Council
Regulation for fishing opportunities, article 14.2, plaice must be released promptly in
order to minimize air exposure, which is necessary in order to maintain the survival
rates.
In deviation of the introductory remark in chapter 4, the data provided below is
national data for 2018 as no monthly segregated data exists in the FDI database.
Data applies for 1 May to 31 October.
Country
Exemption applied Species as bycatch or Number
Landings
Estimated
Estimated
Discard
for (species, area, target
of Vessels (by LO
Discards
Catch (t)
Rate
gear type)
subject
subject
(t)
to LO
Vessels) (t)
DK
Demersal
Catch
and 76
11,195
30
3,477
0.8%
(2018)
fishery:
bycatch
of
PLE
(All
(plaice)
(OTB, PTB)
catch)
≥ 120 mm
SE*
Plaice in
Target/bycatch 27
99.9
1
100.9
1%
demersal
(2016–
trawls >120
2018)
mm in 3a and
4
NL
(OTB,PTB ≥
6
633
137**
770
17.8%
100, 120mm
BE
TR1
Catch
4
736
6
742
0.8%
(2016)
(OTB, PTB)
≥ 100 mm
DE
Demersal
Bycatch of
6
13.1
0.1 t
13.2 t
0.8 %
fishery
PLE
North Sea,
OTB or PTB
>=120
*Only discard sampling in 3a. Due to lack of trips sampled on board for discards,
discard can only be estimated on a whole-year basis. We used the whole year discard
rate from 3a (0,01033) and applied that to average landings during May-October
2016-2018.
** Estimated by NL scientific institute as the discard rate, ie. this figure does not
necessarily equal the registered discards.
The Scheveningen Group will submit additional STECF fishery data by 1 May 2020.
Given that the request by the Commission is to submit such data, the Scheveningen
Group can accept conditioning the exemption as regards the summer months on
submitting data by 1 May 2020 while requesting the exemption for at least 2020.
4.2.2 Catch and by-catch of plaice by vessels using trawl (OTB, PTB) of mesh
sizes 90-99mm equipped with SELTRA in area 3a and 80-99mm in area 4
The Scheveningen Group recommends that by way of derogation from Article 15(1)
of the basic Regulation, the landing obligation shall not apply to plaice (pleuronectes
platessa) caught in the North Sea by vessels targeting flatfish or roundfish using trawl
(OTB, PTB) of mesh sizes 90-99mm equipped with SELTRA in 3a, 80-99mm in area
4. The request is based on Article 15.4(b) of the Basic Regulation. Scientific evidence
and rationale is provided in Annex D and E. The full report of the scientific evidence
was submitted 26 June 2019.
As exemptions for plaice caught in otter trawls in area 7defg was granted in
Regulation 2018/2034 for North Western Waters for 2019-2021 the exemption would
provide consistency between neighbouring waters. The sea basin of area 7defg is
comparable to area 4 in regard to salinity, temperature, compilation of species and
marine environment and fisheries are carried out at same depth, same gear by the
same vessels.
Species as
Number of Landings (by
Country Exemption
Vessels
Estimated Estimated Discard Survival
applied for
bycatch or
LO subject
target
subject to
Discards* Catch*
Rate*
rate
LO
Vessels)
Bottom trawls
(OTB, PTB)
FR, DK, with mesh
NL
Catch and
170
28 798 t
8 003 t
36 801t
22%
42%
size ≥ 80-99
bycatch of
mm in area 4 PLE
SE
Plaice in
target/by-
77 94.1
108.0
202.1
0.535
demersal
catch
(2016-
trawls
2018)
>90mm
(SELTRA) in
3a*
*SE does not use TR2-trawls in area 4
The Scheveningen Group will submit additional STECF fishery data by 1 May 2020.
Given that the request by the Commission is to submit such data, the Scheveningen
Group can accept conditioning the exemption on submitting data by 1 May 2020 while
requesting the exemption for at least 2020.
4.2.3. Catch and by-catch of plaice by vessels using Scottish seine in the North
Sea
The Scheveningen Group had in the joint recommendation of 29 May 2019 submitted
a request for an exemption from the landing obligation for plaice (pleuronectes
platessa) caught in the North Sea by vessels using Scottish seine (SSC) in the North
Sea on the background explained in Annex F. In light of the evaluation by STECF, the
Scheveningen Group accepts to postpone this request to a future joint
recommendation.
4.2.4. High survival exemption for plaice below MCRS caught by 80-119mm
beam trawl gears (BT2) in ICES area 4
The Scheveningen Group recommends a continued exemption from the landing
obligation of plaice (under MCRS) caught in 80-119mm beam trawl gears (BT2) in
ICES area 4. The request is based on Article 15.4(b) of the Basic Regulation.
Request
1. The survivability exemption referred to in Article 15(4)(b) of Regulation (EU) No
1380/2013 shall apply in Union waters of ICES division 2a and ICES subarea 4
and to catches of plaice below the minimum conservation reference size made
with 80-119 mm beam trawls (BT2).
2. The exemption on the basis of high survivability will apply:
a. for plaice below MCRS caught by 80-119mm beam trawl gears (BT2) in
area 4 for 2020 and 2021 by using the flip-up rope or Benthos release panel
(BRP) for vessels with an engine power of more than 221 kW;
or
b. for plaice below MCRS caught by 80-119mm beam trawl gears (BT2) in
area 4 for 2020 and 2021 of vessels of Member States implementing the
roadmap for Fully Documented Fisheries;
or
c. for flatfish for 2020 and 2021 caught by BT2 vessels, with an engine power
of not more than 221kw or less than 24m in length overall, which are
constructed to fish in the twelve miles zone, if the average trawl duration is
less than ninety minutes.
3. The Member States having a direct management interest commit themselves to
continue research and studies to improve selectivity and survivability in BT2
fisheries.
4. The Member States having a direct management interest will report on the
progress and results of the use of flip-up rope or Benthos release panel, the
implementation of the roadmap for Fully Documented Fisheries and research and
studies to improve selectivity and survivability, by 1 May of each calendar year.
This will be open to assessment by STECF.
This request for continued exemption starts with the fulfilment of the two conditions
that have been included in the delegated act applicable to 2019 (Regulation (EU)
no. 2018/2035):
1. The roadmap for high survivability and selectivity, including a program for
Fully Documented Fisheries. This was provided to the Commission and was
assessed by STECF in November 2018;
2. Progress reports on survivability and selectivity work are provided by
Belgium and Netherlands in Annex G.
The extension of the survivability exemption is requested for two years (2020 &
2021). This is of quintessential importance to implement the survivability and
selectivity work, which needs time to allow further investments in innovative ideas
and initiatives to be developed, tested and trailed in a scientific and robust manner.
Application and implementation at vessel level also takes time.
Description of the fisheries
The North Sea flatfish fishery is a typical example of mixed demersal bottom-trawl
fishery; catches include sole plaice, turbot, and brill. Landings are dominated by
plaice and sole, being considered to be the main target species. The stock condition
is positive according to ICES (ICES, 2018a).
The Belgian fishing fleet is a relatively small fleet with a total number of 68 active
vessels (as of January 1st, 2019). The Dutch fleet that would make use of the
exemption in the North Sea consists of around 100-120 vessels. The fisheries for
sole and plaice takes place in the North Sea.
Al North
2014
2014
2015
2015
2016
2016
Avg.
Avg
Avg
Sea
landings
discards
landings
discards
landings
discards
Catches
discards
discard
Member
rate
States
2014-
2014-
2016
2016
Plaice
30595
25363
33716
56235
33775
30098
69927
37232
53%
Landings and discards al North Sea member states in area 4, 2014-2016 (STECF).
2017
2017
2017
2018
2018
2018
landings
discards*
catch
landings
discards*
catch
BE
PLE
1540
1508
3048
958
1033
1991
NL
PLE
15491
23263
38754
12043
26138
38181
Estimates of landings, discard and catches from estimations 2017 and 2018 (Netherland and Belgium) for BT2 (TBB 70-
99mm+100-119mm) gears in area 4. For BE only for TBB_DEF_70-99 *Discard data is based on samples of observer trips.
The economic impact of landing all bycatch of plaice would be significant for the
affected fleets. Studies show that landing plaice would result in an increase of work
on board for the equivalent of 3.6 full time fishermen. The on shore handling, sorting
and additional logistic processes would increase costs by €1600 per trip (Hoekstra
& Hamon, 2018).
Survival rates of plaice discards
Many survival studies of plaice in beam trawl fisheries (both traditional and pulse)
have taken place from the start of the landing obligation. Results show that survival
of plaice shows large variability, ranging from 5% to 90% between different hauls
and trips. Causality that explains the variation is very much the object of research,
as many factors seem to influence survival of plaice, including environmental
conditions, water temperature, air exposure, haul duration, on board handling, the
amount of debris from the sea floor and fishing gear design. (ILVO 2019, Schram &
Molenaar C037/18, Smith & Catchpole (draft paper), 2017, Morfin et al. 2017,
Uhlmann et al. 2016, Van der Reijden et al. 2017).
Summary of the annexes on the progress and future work on selectivity and
survivability of plaice
Survival:
• Vitality index scores and vitality index scores:
In a study by Molenaar & Schram
(C037/2018), using the the “Reflex Action Mortality Predictor” (RAMP), discards
survival was shown to be strongly affected by fish condition/vitality. The study
concludes that measures aimed at increasing discards survival should focus on
improving the condition of discarded fish and the capture process in the water
rather than catch processing on board. In recent years the RAMP-method
became a standard procedure to examine the relationship between reflexes and
probability of survival of flatfish.
• On board handling: The effect of a water filled hopper (compared to a dry
hopper) on discards survival was tested on plaice. Although no advantage of a
water filled hopper on plaice discards survival probability was found, there was,
significant variation in results between hauls. This is subject of further analysis.
• Haul duration: studies indicate that haul duration has an effect on immediate
mortality (mortality at the point of releasing the catch on board) of plaice, where
shorter hauls (90 minutes) result in lower immediate mortality (17%) than longer
hauls (150 min)(40%) (Uhlmann et al, 2016, ILVO 2018). Another study however
did not reproduce these findings for haul duration between 90-150 minutes
(Molenaar & Schram C38/18, 2018). These findings would support an exemption
for smaller vessels (<221Kw) with a limited towing time of 90 minutes on
average.
Additionally, with regards to economic effect of implementing a reduced towing
time for larger vessels, the practical implementation of much shorter hauls
seems unrealistic as this would significantly reduce effective fishing time
(approximately 17%) and an almost double workload for the crew. (Van der
Reijden et al., 2017, Molenaar & Schram C38/18, 2018)
• the effect of a knotless cod-end on discards survival was tested during one sea
trip, including 6 hauls. Based on this single test it results indicate that the
knotless cod-end did not result in a large positive effect on discards survival.
Selectivity:
• Increasing mesh size from 80mm to 90mm was researched extensively.
Contrary to expectations, the research has shown that increasing mesh size
from 80mm to 90mm would reduce catches of plaice by 4-25%, while catches of
sole would also be reduced by 14-25%. This implies that a greater fishing effort
is needed with 90mm mesh size compared to 80mm if the entire quota of sole is
to be landed. (Molenaar et al C049/2018, Brunel et al 2019). This would then
potentially result in higher unwanted catches of plaice and significant decrease
in value of landings by 10-20% (Hoekstra & Hamon, 2018,).
• Bycatch fluctuations by haul can be significant, depending on the spatial
distribution of species. Catches of sole and plaice are relatively evenly spread
out in the North Sea, making spatial and temporal measures to avoid bycatches
less effective. Other species such as turbot, skates and rays seem to have more
specific spatial occurrence. (Brunel et al. C015/19)
Fully Documented Fisheries 2019-2021: state of play
• Through the use of cameras, the project will aim to establish an automated
system to estimate catch weight and composition as well as discard weight and
composition.
• Key policy objectives that FDF can facilitate:
- Exact insight into landing and discard amounts and composition,
enhancing registration and data collection and fisheries management;
- Lowering of the administrative burden and simplification of procedures on
board, including possible cost-saving effects;
- Underpin and enhance innovations and research such as automatic
sorting or effects of gear trials and survivability and selectivity work.
- Ensure transparency in the fisheries sector, stakeholder commitment and
work towards sustainable future of fisheries.
• The project will start with 3 fishing vessels and will be gradually increased to 10
in 2019 depending on the success of the implementation of FDF as indicated in
the roadmap. If successful, a further expansion can be considered.
Benthos Release panel and flip up rope 2019-2021: state of play
Belgium implemented two survival/selectivity measures:
1. From January 2016 all Belgian beam trawlers are obliged to use the ‘Flemish
panel’, a 3-m long, large mesh panel (120 mm) to reduce retention of sole
smaller than the MCRS.
2. From 1st January 2019 onwards, Belgian vessels with an engine power of more
than 221 kW (large fleet segment) are obligated to use either:
a. A flip-up rope rigged on top of the bobbin rope in the net opening to
prevent stones and boulders entering the trawl;
or
b. A benthos release panel, a square mesh panel inserted in the belly of the
trawl, just in front of the Flemish panel, to release stones or debris from
the trawl.
Concerning the use of a benthic release panel and flip up rope, initial research has
shown that survivability is about 10 times lower when the sediment content in the
catch is more than 25%. This means that survival rates are much higher as long as
the volume of sand and/or stones is less than 25% of the catch. The results suggest
that use of the flip up rope and BRP can contribute strongly to survivability (ILVO
2019).
4.2.5. High survival exemption for turbot caught by TBB gears with a cod end
larger than 80mm in ICES area 4.
The Scheveningen Group recommends an exemption of turbot (Scophthalmus
maximus) from the landing obligation caught with beamtrawl with a cod end larger
than 80mm (TBB) in ICES area 4. The request is based on Article 15(4)(b) of the
Basic Regulation.
Evidence collected in the beam trawl fisheries shows discard survival estimates of
20-43% using gear with a cod end larger than 80mm. Discard survival estimates were
generated from samples taken during normal commercial fishing activity. This
research provides a first indication that will be followed up in research initiated by
both Belgium and the Netherlands and their respective research institutes.
Turbot it a very valuable fish, which means that fishermen are never inclined to
discard unless absolutely necessary (for example in order to respect the MCRS
and/or the quota). In usual circumstances, discards are therefore rather low. It is to
be emphasized that the discard levels of 2015 and 2016 are not representative and
were due to a low TAC, not matching with the high abundance of turbot on the fishing
grounds. As the TAC has been increased significantly for 2017, 2018 and 2019, the
level of discarding is expected to be less as assumed in assessments based on data
for 2015 and 2016.
As a condition of the exemption the turbot should be returned whole/undamaged to
the sea as swiftly as possible and over the grounds where they were caught.
Furthermore, trials to improve selectivity and survivability, should be carried out.
The background to this request is contained in Annex H.
In line with the exemption granted for high survivability of plaice in the BT2 fishery
and given that the project with the commercial vessels started for the high survivability
of plaice in the BT2 fishery also covers research for turbot and noting the further
planned studies in 2020, the Scheveningen Group requests the exemption to be
granted on a temporary basis for 2020.
4.2.6. High survival exemption for Cuckoo Ray in ICES area 4
The Scheveningen Group recommends an extension of the current one-year high
survivability exemption from the landing obligation of cuckoo ray in ICES area 4. The
request is based on Article 15.4(b) of the Basic Regulation and the North Sea MAP.
On the basis of scientific evidence and rationale provided in the Joint
Recommendation from the Scheveningen Group a high survivability exemption for
Cuckoo Ray was granted for 2019 as set out in Article 8 of the North Sea discard
plan.
At a workshop held 14 February 2019 Member States in the Scheveningen Group
and the North Western Waters Group developed a table outlining the potential
evidence gaps for exploring the survivability rates of skates and rays species and
how they can be increased.
An extract of this work as regards the North Sea (4 and 3a) is enclosed in annex B.
The table captures information on the scientific research that each member state is
doing, including key information such as the species and gear type in focus and the
type of study that is being carried out or is being planned. The data generated by this
research will make a significant contribution to the evidence required to support the
continuation of the exemption. Due to limited resources and time, Member States
may have to prioritise some of these gaps.
Recognising that cuckoo rays are the highest priority at the current time due to the
May 2019 deadline, at the workshop Member States also collated information on the
scientific studies that are underway or planned by each Member State. France and
Spain anticipate having outputs by May. Ireland, Belgium and UK have also initiated
or are planning cuckoo ray projects.
See annex B for projects on cuckoo ray, including 2 appendixes on results from an
Irish survivability study and results from a French survivability study respectively.
4.3. De minimis exemptions
The Scheveningen Group recommends the following exemptions for reason of
de
minimis.
These exemptions will be reviewed where appropriate with the objective of reducing
and, over time, phasing out these provisions where possible. In reviewing, the
Scheveningen Group will take into account experience in the fisheries and the results
from scientific and technical trials.
When taking into account the potential de minimis volumes in the process of
establishing fishing possibilities, the potential quantities need to be rightly reflected.
In this exercise, it should be possible to distinguish the part of the fleet/fishery that is
covered by the exemption, as well as the catch that the gear in question accounts for.
That could for instance be done through the use of separate gear codes (at national
or EU-level). Furthermore, for combined de minimis exemptions the quantity
representing the total de minimis percentage need to be divided among the exempted
species on the basis of the discard composition in the fishery concerned.
4.3.1 De minimis exemption request for whiting and cod for the vessels using
bottom trawls (OTB, OTT, SDN, SSC) of mesh size 70-99mm (TR2) in Central
and Northern North Sea (ICES subareas 4a and 4b)
The Scheveningen Group recommends a continued exemption for whiting
(Merlangius merlangus) and cod (Gadus morhua) below MCRS, up to a combined
maximum of 6% in 2020 and beyond (of which a maximum of 2% can be used for cod
discards) of the total annual catches of whiting and cod, for the mixed fishery not
targeting Nephrops using trawler and seines (OTB, OTT, SDN, SSC) with a mesh size
of 70-99 mm in ICES areas 4a and 4b.
The request for an exemption for de minimis is based on 15(5)(c)(.i) and ii) of the
Basic regulation due to difficulties to improve selectivity in a short term period. Also,
vessels are operating long fishing trips (~3 days on average) at considerable distance
from home harbours (more than 1000 km return). This would imply to come back
often to home harbours, generating high costs for the vessel.
This exemption is already included Article 9(f) of the delegated act (EU) 2035/19 for
2019. A translation of the summary of the evidence underpinning the recommendation
as regards whiting can be found in Annex C.
Based on provided data by France, Germany and the Netherlands a de minimis
exemption of 6% of whiting and cod (of which maximal 2% is cod) would correspond
to total quantities of 253t of discarded whiting and 72t of discarded cod for the entire
North Sea.
The Scheveningen Group wants to draw attention to the fact that STECF concerns –
and therefore Commission’s requirements to grant the exemption – are not the same
in 2019 as they were in 2018. Indeed, in July 2018 STECF plenary concluded:
“STECF notes that evidence of fishing effort in IVb was provided for the French
fleet to the PLEN 18-02. This is based on VMS tracks for three vessels covering
a short period in June 2018. STECF concludes this information supports
increasing the scope of this exemption for the French vessels.
STECF notes no fleet information has been provided for other Member States.”
Following the Commission’s requirement of article 9.f of regulation (EU) 2018/2033
and to answer STECF concerns, the Scheveningen group provided in May 2019 fleet
information for other Member States interested in this exemption. As requested, the
group provided an updated number of the total quantity of whiting and cod that could
be discarded with this exemption, considering Dutch, French and German fleets. In
2019, STECF raised concerns regarding “increased costs […] specific to cod and
whiting”. Contrary to last year, the group has not had the opportunity nor the time to
answer STECF findings and could not provide sufficient information in addition to
what has been provided.
The Scheveningen group would like to highlight that any economic studies dedicated
to a fishery or even a species regarding disproportionate costs need at least 18
months to obtain preliminary results. Consequently, submitting a new joint
recommendation at a later stage is not the preferred route for member states as
evidence from last year shows this to be a drawn out process.
The Scheveningen Group therefore proposes a one year exemption (2020) for this
de minimis exemptions on the condition of providing additional evidence on
disproportional costs and availability and update on the uptake in selectivity and
feasibility of selectivity measures by 1 May 2020 for STECF assessment (as
improving selectivity should remain the key objective). In this way the intention of the
joint recommendations of 2018 and 2019 are respected and the member states
commit to provide further evidence in support.
4.3.2. De minimis request for horse mackerel for demersal vessels using
bottom trawls (OTB, OTT, PTB, TBB) of mesh size 80-99mm (TR2, BT 2) in the
North Sea (ICES area 4).
The Scheveningen Group recommends a continued de minimis exemption for by-
catches of horse mackerel, up to a maximum of 7% for 2020 and 6% for 2021 of the
total annual catches of horse mackerel caught in demersal fisheries, for the trawler
mixed fishery using bottom trawls (OTB, OTT, PTB, TBB) with a mesh size of 80-99
mm in ICES area 4.
The request for an exemption for de minimis is based on Article 15(5)(c)(i) and (ii),
due to difficulties to improve selectivity in a short term period. Also, the landing
application enforcement would increase the workable time on board and generate
hold overloading issues. This would imply to come back often to home harbours,
generating high costs for the vessel.
Based on STECF data for all European vessels a de minimis exemption of 7% of
horse mackerel bycatches would correspond to total quantities of 189t of discarded
horse mackerel for the entire North Sea on a 2013-2016 basis.
The scientific evidence underpinning the exemption can be found in Annex I..
By 1 May 2020, the Scheveningen Group will submit additional STECF data about
disproportionate costs and sanitary risks generated by keeping on board these
species during a several-days-fishing trip, especially during summer months. Given
that the request by the Commission is to submit such data, the Scheveningen Group
can accept conditioning the exemption on submitting data by 1 May 2020 while
requesting the exemption for at least 2020.
4.3.3. De minimis request for mackerel for demersal vessels using bottom
trawls (OTB, OTT, PTB, TBB) of mesh size 80-99mm (TR2, BT 2) in the North
Sea (ICES area 4).
The Scheveningen Group recommends a continued de minimis exemption for by-
catches of mackerel, up to a maximum of 7% for 2020 and 6% for 2021 of the total
annual catches of mackerel caught in demersal fisheries, for the trawler mixed fishery
using bottom trawls (OTB, OTT, PTB, TBB) with a mesh size of 80-99 mm in ICES
area 4.
The request for an exemption for de minimis is based on Article 15(5)(c)(i) and ii), due
to difficulties to improve selectivity in a short term period. Also, the landing application
enforcement would increase the workable time on board and generate hold
overloading issues. This would imply to come back often to home harbours,
generating high costs for the vessel.
Based on STECF data for all European vessels a de minimis exemption of 7% of
mackerel bycatches would correspond to total quantities of 77t of discarded mackerel
for the entire North Sea on a 2013-2016 basis.
The scientific evidence underpinning the exemption can be found in Annex J.
By 1 May 2020, the Scheveningen Group will submit additional STECF data about
disproportionate costs and sanitary risks generated by keeping on board these
species during a several-days-fishing trip, especially during summer months. Given
that the request by the Commission is to submit such data, the Scheveningen
Group can accept conditioning the exemption on submitting data by 1 May 2020
while requesting the exemption for at least 2020.
4.3.4. De minimis request for ling (Molva molva) below MCRS caught by vessels
using set longlines (LLS) in ICES area 4
The Scheveningen Group recommends a de minimis exemption for ling below MCRS
caught by vessels using set longlines (LLS) in ICES subarea 4, up to 3% in 2020 and
beyond of the total annual catches of ling caught with demersal vessels using set
longlines.
The request for an exemption for de minimis is based on article 15.c.i), due to
difficulties to further increase selectivity in this fishery, and on article 15.c.ii), due to
disproportionate costs a total application of the landing obligation would cause in this
fishery. The fleet is particularly vulnerable for the risk of commercial catch losses an
improvement in selectivity would cause.
For ling in divisions 6–9, 12, and 14, 3.a and 4.a ICES advises that when the
precautionary approach is applied, catches should be no more than 17 695 tonnes in
each of the years 2018 and 2019. If discard rates do not change from the average of
2014–2016 this implies landings of no more than 16 793 tonnes. Landings have been
stable in 2012-2016, with an increase in discards in 2014-2016.
French vessels in this fishery use set longlines to target hake in ICES subarea 4, 5b
and 6. In 2017, 10 French vessels were conducting this activity (according to the 2017
ObsMer report; Cornou et al. 2018).
According to the STECF database, and only for illustrative and informative purposes,
a de minimis of 3% would represent a maximum amount of allowed discard for ling of
5 tonnes, for all European vessels using longlines in ICES subarea 4. This amount is
very limited when compared to the TAC for ling in ICES subarea 4 (3 738 t in 2019,
which means that the TAC deduction would represent less than 0.15% of the 2019
TAC).
The scientific evidence underpinning the exemption can be found in Annex K.
The Scheveningen Group will submit additional information on potential losses by 1
May 2020. Given that the request by the Commission is to submit such data, the
Scheveningen Group can accept conditioning the exemption on submitting data by 1
May 2020 while requesting the exemption for at least 2020.
4.3.5 De minimis request for bycatch of industrial species for demersal vessels
using TR 1, TR2 or BT 2 in the North Sea.
The Scheveningen Group recommends a de minimis exemption for bycatch of
industrial species (sprat, sandeel, norway pout and blue whiting) in the demersal
fishery using gears with mesh sizes above 80 mm and fishery for Northern Prawn
using gears with mesh sizes above 35 mm in ICES area 3a and 32 mm in ICES area
4 and a fish retention device fitted with a sorting grid with a maximum bar spacing of
19mm or equivalent selectivity device (OTB, OTM, OTT, PTB, PTM, SDN, SPR, SSC,
TB, TBN), up to a maximum of 1 % of total catches in this fishery. This would represent
448 tons for the Danish fishery.
Country
Exemption
Species as Number
Landings
Estimated
Estimated
Discard
Estimated
applied
for bycatch or of Vessels (by LO Discards
Catch
Rate
de
(species, area, target
subject
subject
minimis
gear type)
to LO
Vessels)
volumes
DK
Demersal
Bycatch
249
303.7t
44,825
0,67% 448
fishery
of SAN,
>80mm
SPR,
(all
and
WHB,
catch)
Northern
NOP
Prawn
fishery*
>35mm in
ICES area
3a >32mm
in ICES
area 4
SE
Demersal
bycatch
94
4717.5 291**
6198*** 4.7%
62.0
trawls >80 of SAN,
(2016-
mm mesh SPR,
2018)
and
WHB,
Pandalus
NOP
trawls (>35
mm) with
grid and
fish
retention
tunnel in 3a
and 4
* fitted with a sorting grid with a maximum bar spacing of 19mm or equivalent selectivity
device
** Estimated discards of SAN, SPR, WHB and NOP
*** Estimated catch of all quota species
Unwanted and discarded catches of sandeel, sprat, Norway pout and blue whiting in
the demersal fishery using OTB and mesh sizes >80mm and Northern Prawn fishery
fitted with a sorting grid and mesh sizes >35mm in ICES area 3a >32mm was in 2018
estimated to 303 tons. These species are abundant and occur in large schools. Thus,
it is inevitable that they are sometimes caught even in gears with large meshes. This
happens in particular if they are ‘trapped’ amongst the targeted species and never
get in contact with the netting of the gear. Selectivity measures have been exhausted
for this unwanted bycatch. The impracticalities and disproportionate manpower
(costs) on board of handling unwanted catches of sandeel, sprat, Norway pout and
blue whiting in a catch calls for a de minimis exemption as each individual fish have
to be sorted from the catch and especially for species where the body size is small.
Furthermore, the separate stowage, additional economical costs and different
procedures when landing, seen in the light of the almost insignificant impact on the
stocks that catches of these species in the demersal fisheries for human
comsumption amount to, also calls for a de minimis exemption.
The scientific evidence underpinning the exemption can be found in Annex L.
The Scheveningen Group will submit additional STECF data and an update on the
uptake in selectivity and feasibility of selectivity measures by 1 May 2020. Given that
the request by the Commission is to submit such data, the Scheveningen Group can
accept conditioning the exemption on submitting data by 1 May 2020 while requesting
the exemption for at least 2020.
5.
Adaptation of the Joint Recommendation
Taking into account that the application of the landing obligation constitutes a new
regime in the management of fisheries in Europe, and that joint recommendations for
specific discard plans are a management tool to address challenges that this policy
implies, in particular with respect to choke species situations in mixed fisheries, this
JR shall remain open to revision and adaptation throughout its duration. It is
considered to be the joint responsibility of the Commission and Member States to
maintain oversight of the implementation of the provisions of the discard plan
following this JR and to call into question any element which may be in need of
revision and adaptation at any time.