Ref. Ares(2018)4180323 - 09/08/2018
Ref. Ares(2019)2387732 - 04/04/2019
Joint Recommendation of the North Western Waters High-
Level Group
Discard Plan for demersal fisheries in the North Western Waters for
2019
Final Version 9 August 2018
1. Implementing authority
a. Acting in accordance with Article 43(3) of the Treaty on the Functioning of the
European Union and taking into account the authority granted by Articles 15.6 and
18.1 of Regulation (EU) No 1380/2013 to the European Commission to adopt discard
plans by means of delegated acts, the Member States of the North Western Waters
submit a joint recommendation, as per Article 18.3 of Regulation (EU) No 1380/2013,
to the European Commission for a specific discard plan for demersal fisheries in the
North Western Waters.
2. Objectives of the discard plan
a. As a result of the reform of the Common Fisheries Policy (Regulation (EU) No
1380/2013), adopted in 2013 and entered into force from 1st January 2014 on, there
is now a provision under Article 18 that allows Member States to elaborate joint
recommendations for regional management measures specific to their fisheries,
applying to a relevant geographical area and submit these to the European
Commission for adoption via delegated acts.
b. The scope of these recommendations is laid down in Article 18(1) of Regulation (EU)
No 1380/2013 by way of reference i.a. to Article 15(6) thereof. Article 15(6) outlines
the process for adoption of a specific discard plan by the European Commission for a
period of no more than three years.
c. Under Article 15(6) of Regulation (EU) No 1380/2013, Member States may
cooperate, in accordance with Article 18 thereof, in the drawing up of a specific
discard plan with a view to the Commission adopting such a plan by means of a
delegated act or via the ordinary legislative procedure.
d. The adoption of such specific discard plans is considered to be important to achieve
a successful implementation of the landing obligation as specified in the reformed
Common Fisheries Policy.
e. As such, this discard plan will establish provisions to implement the provisions laid
down in points (a) to (e) of Article 15(5) of Regulation (EU) No 1380/2013, including
specific descriptions of any exemptions obtained.
f. It is intended that the Commission delegated act giving effect to this discard plan
shall remain open to revision and adaptation at any time during its duration of up to
three years in order to retain flexibility in addressing the challenges that will be
posed by the introduction of the landing obligation for demersal fisheries. In
particular, this discard plan shall remain open to the later inclusion of further
exemptions under high survival and de minimis, changes in technical measures in
order to increase selectivity and reduce as far as possible unwanted catches, and to
the inclusion of specific provisions for Minimum Conservation Reference Size (MCRS)
to be specified at any time.
g. In accordance with Article 18.2 of Regulation (EU) No 1380/2013, the North Western
Waters Group has undertaken regular and detailed engagement with the North
Western Waters Advisory Council and the Pelagic Advisory Council in the preparation
of this plan. The recommendations of the Advisory Councils have been fully
examined and taken on board, where possible.
h. It is considered the joint responsibility of the Commission and the Member States
concerned to maintain oversight of the implementation of the provisions of this
discard plan and to review and amend any element that evidence and/or improved
data show is not fit for purpose.
3. Duration
a. As per Article 15.6 of Regulation (EU) No 1380/2013, this specific discard plan shall
have a duration of three years.
4. Scope
a. In accordance with Article 15(1) (c) of Regulation (EU) No 1380/2013, the Member
States of the North Western Waters Group are committed to the full introduction of
the landing obligation for demersal fisheries in the North Western Waters from 1st
January 2019.
b. In developing this Joint Recommendation, the North Western Waters Group has
taken full account of the agreed recommendations, suggestions and information
furnished by the North Western Waters Advisory Council.
c. The Group is committed to continue working with the Advisory Councils and the
European Commission to examine and apply solutions to ‘choke’ issues prior to the
1st of January 2019.
5. Exemptions
a. Fish which has been damaged by predators like fish-eating marine mammals,
predatory fish or birds can constitute a risk to humans, pets and other fish by virtue
of pathogens and bacteria which might be transmitted by such animals.
Consequently, as set out in Article 15(4) (d), the landing obligation should not apply
to such catches and the fish should be immediately disposed of at sea.
b. Having regard to food safety provisions 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 fish for which flesh contaminants would exceed the
maximum limits set by EU rules for human or animal consumption shall not be kept
on board of a vessel. Consequently, the landing obligation should not apply to such
catches and the fish should be immediately disposed of at sea.
c. Cases where the landing obligation shall not apply are specified in Article 15(4) of the
Regulation (EU) No 1380/2013. This refers to species in respect of which fishing is
prohibited, as defined by a Council Regulation, species to which scientific evidence
demonstrates high survival rates, and catches falling under the de minimis
exemption, as outlined in Article 15.5(c) of Regulation (EU) No 1380/2013.
d. The North Western Waters Group recommends the continuation of the following
high survivability exemptions as set down in Commission Delegated Regulation (EU)
2018/46 of 20th October 2017:
Norway lobster (Nephrops) caught by pots, traps or creels (gear codes FPO and
FIX) in ICES subareas VI and VII
Common sole (
Solea solea) caught by otter trawl gears (OTT, OTB, TBS, TBN, TB,
PTB, OT, PT, TX) meeting the following conditions:
i. of length less than the MCRS of 24cm;
ii. caught by vessels using 80-99mm otter trawl gears;
iii. within 6 nautical miles of coast in ICES area VIId and outside identified
nursery areas;
iv. caught by vessels with a maximum length of 10m;
v. caught by vessel fishing in waters with a depth of 30m or less; and
vi. caught by vessels with limited tow durations of no more than 1:30 hours
(From 2018 discard plan)
The North Western Waters Group recommends the introduction of the following
high survivability exemptions (full details at Annexes I – IX)
Nephrops in the TRI fisheries in Area VII and in the TR2 fisheries in Area VII in
combination with highly selective gears
On the basis of scientific evidence and rationale provided in Annex I the North Western
Waters Group recommends that by way of derogation from Article 15(1) of Regulation
(EU) No 1380/2013, the landing obligation shall not apply to
Nephrops caught in ICES
subarea VII with;
I.
Bottom trawls with a mesh size equal or greater than 100mm (gear code TR1);
II.
Bottom trawls with a mesh size of 70-99 mm (gear code TR2) in combination with
one of the selective gear options listed in Section 6 applying to
Nephrops
fisheries - Further details at Annex I
Nephrops caught by 80-110mm otter trawl gears in ICES subarea VIa, within 12 miles
of coasts
On the basis of scientific evidence and rationale provided in Annex II the North Western
Waters Group recommends that by way of derogation from Article 15(1) of Regulation
EU No 1380/2013, the landing obligation shall not apply to
Nephrops caught by 80-
110mm otter trawl gears in ICES subarea VIa, within 12 miles of the coast in combination
with one of the selective gear options listed in Section 6 applying to
Nephrops fisheries.
Further details at Annex II
Skates and ray species caught by any gear in the North Western Waters (areas VI and
VII)
On the basis of scientific evidence and rationale provided in Annex III the North Western
Waters group recommends that by way of derogation from Article 15(1) of Regulation
(EU) No 1380/2013, the landing obligation shall not apply to skate and ray species
subject to catch limits caught by any fishing gear in the North Western Waters, under
the following conditions:
- a roadmap should be developed by Member States concerned, and scientifically
assessed by STECF;
- annual reporting on the progress and modifications/adjustments, in order to increase
survivability, especially for Cuckoo ray;
- existing data gaps should be filled in.
Should the Commission continue to be of the opinion that there is no sufficient basis for
granting this exemption for cuckoo ray for the whole duration, the Commission should
consider the possibility to grant such an exemption for cuckoo ray for at least one year in
order to evaluate any progress made on higher survival. If the Commission maintains its
view that even for such a temporary exemption there is no sufficient basis in the light of the
evidence at hand, the NWW group reserves its right to resubmit such a request for cuckoo
ray in a future joint recommendation.
Further details at Annex III
Plaice caught by trammel nets in ICES divisions VIId and VIIe
On the basis of scientific evidence and rationale provided in Annex IV the North Western
Waters Group recommends that by way of derogation from Article 15(1) of Regulation
(EU) No 1380/2013, the landing obligation shall not apply to Plaice caught by trammel
nets in ICES areas VIId and VIIe.
Further details at Annex IV
Plaice caught by trammel nets in ICES divisions VIIf and VIIg
On the basis of scientific evidence and rationale provided in Annex V the North Western
Waters Group recommends that by way of derogation from Article 15(1) of Regulation
EU No 1380/2013, the landing obligation shall not apply to Plaice caught by trammel
nets in ICES areas VIIf and VIIg.
Further details at Annex V
Plaice caught by Otter Trawls in ICES divisions VIId and VIIe
On the basis of scientific evidence and rationale provided in Annex VI the North Western
Waters Group recommends that by way of derogation from Article 15(1) of Regulation
(EU) No 1380/2013, the landing obligation shall not apply to Plaice caught by otter
trawls in ICES areas VIId and VIIe.
Further details at Annex VI
Plaice caught by otter trawl gears in ICES subarea VIIf and VIIg
On the basis of scientific evidence and rationale provided in Annex VII the North
Western Waters Group recommends that by way of derogation from Article 15(1) of
Regulation EU No 1380/2013, the landing obligation shall not apply to Plaice caught with
otter trawl gears in ICES subarea VIIf and VIIg.
Further details at Annex VII
Plaice caught with beam trawls in ICES subareas VIIa to VIIk
On the basis of scientific evidence and rationale provided in Annex VIII the North
Western Waters Group recommends that by way of derogation from Article 15(1) of
Regulation EU No 1380/2013, the landing obligation shall not apply to Plaice caught with
beam trawls (BT2 Gear) as follows:
o A temporary exemption for high survivability of plaice in Western Waters (7a-k)
caught with BT2 gear for vessels of the >221kw segment fleet which use the flip-
up rope or benthic release panel
For smaller 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 mile zone, a temporary
exemption for high survivability for plaice if the average trawl duration is less than ninety
minutes.
Further details at Annex VIII
Fish caught in pots, traps and creels in North Western Waters
On the basis of scientific evidence and rationale provided in Annex IX the North Western
Waters Group recommends that by way of derogation from Article 15(1) of Regulation
(EU) No 1380/2013, the landing obligation shall not apply to fish caught in pots, traps
and creels in North Western Waters.
Further details at Annex IX
Further research or evidence provided by Member States may allow these exemptions to be
applied more widely in future years.
The North Western Waters Group recommends for the continuation of the following de
minimis exemptions as set down in in Commission Delegated Regulation (EU) 2018/46 of
20th October 2017:
For whiting up to a maximum of 6% for 2019; 5% for 2020 and 2021 of the total
annual catches of that species by vessels using bottom trawls and seines with
mesh size equal or greater than 80 mm (OTB, SSC, OTT, PTB, SDN, SPR, TBN, TBS,
TB, SX, SV, OT, PT, TX) and pelagic trawls (OTM, PTM) and beam trawls (BT2) with
mesh size of 80-119mm in ICES divisions VIIb-c and VIIe-k.
For whiting up to a maximum of 6% for 2019; 5% for 2020 and 2021 of the total
annual catches of that species by vessels using bottom trawls and seines with
mesh size equal or greater than 80mm (OTB, SSC, OTT, PTB, SDN, SPR, TBN, TBS,
TB, SX, SV, OT, PT, TX), pelagic trawls (OTM, PTM) and beam trawls (BT2) with
mesh size of 80-119mm in ICES division VIId.
For common sole up to a maximum of 3% of the total annual catches of that
species by vessels using trammel and gill nets to catch common sole in the
Channel and the Celtic Sea (ICES divisions VIId, VIIe, VIIf and VIIg)
For common sole up to a maximum of 3% of the total annual catches of this
species by vessels obliged to land common sole using TBB gear with mesh size of
80-119mm with increased selectivity, such as a large mesh extension, in the
Channel (ICES division VIId and VIIe) and the Celtic Sea (divisions VIIf, VIIg and
VIIh).
Full details for each of the above cases have been submitted with previous years’
joint recommendations and have been positively assessed by STECF.
The North Western Waters Group recommends the introduction of the following de minims
exemptions (full details at Annexes X-XIV):
Haddock caught using bottom trawls, seines and beam trawls of greater than or
equal to 80 mm mesh size in ICES area VIIb-c and VIIe-k
On the basis of scientific background and rationale provided in Annex X the North
Western Waters Group recommends that by way of derogation from Article 15(1) of
Regulation (EU) No 1380/2013, up to a maximum of 7% of the total annual catches
for years one (2019) and two (2020), and 6% for year three (2021) of haddock for
vessels using bottom trawls, seines and beam trawls of mesh size greater than or
equal to80mm in ICES divisions VIIb-c and VIIe-k.
Further details at Annex X
Cod caught using bottom trawls, seines and beam trawls of greater than or
equal to 80 mm mesh size in ICES area VIIb-c and VIIe-k
On the basis of scientific background and rationale provided in Annex XI the North
Western Waters Group recommends that by way of derogation from Article 15(1) of
Regulation (EU) No 1380/2013, up to a maximum of 7% of the total annual catches
for years one (2019) and two (2020), and 6% for year three (2021) of cod for vessels
using bottom trawls, seines and beam trawls of mesh size greater than or equal to
80mm in ICES divisions VIIb-c and VIIe-k.
Further details at Annex XI
De minimis for horsemackerel caught by vessels using bottom trawls and
seines, and beam trawls in ICES subarea VI and VIIb-k
On the basis of scientific background and rationale provided in Annex XII the North
Western Waters Group recommends that by way of derogation from Article 15(1) of
Regulation (EU) No 1380/2013 up to a maximum of 7% of the total annual catches of
horse mackerel for years one (2019) and two (2020) and 6% of the total annual
catches of this species for year three (2021) caught by vessels using bottom trawls
and seines, and beam trawls in ICES subarea VI and VIIb-k.
Further details at Annex XII
De minimis for mackerel caught by vessels using bottom trawls and seines, and
beam trawls in ICES subarea VI and VIIb-k
On the basis of scientific background and rationale provided in Annex XIII the North
Western Waters Group recommends that by way of derogation from Article 15(1) of
Regulation (EU) No 1380/2013 up to a maximum of 7% of the total annual catches of
mackerel for years one (2019) and two (2020) and 6% of the total annual catches of
this species for year three (2021) caught by vessels using bottom trawls and seines,
and beam trawls in ICES subarea VI and VIIb-k.
Further details at Annex XIII
6. Technical measures – Improvements in selectivity
Celtic Sea Protection Zone
From 1st July 2019, unless otherwise stated, the following will apply to all fishing vessels
operating with bottom trawls or seines in the Celtic Sea Protection Zone1:
1 Celtic Sea Protection Zone – waters inside ICES divisions VIIf, VIIg and the part of VIIj that lies north of
latitude 50°N and east of 11°W
110mm codend +120mm smp; or
100mm T90 codend (with the possibility of increasing mesh size to 110mm from 1st
January 2020, depending on the results of further trials); or
100mm+160mm smp.
By derogation:
For vessels with catches of more than [
5%] of
Nephrops, one of the following gear
options should be used:
o 300mm SMP (vessels under 12m may use a 200mm smp);
o SELTRA box trawl with 270mm diamond mesh 300mm smp; or
o Sorting Grid with 35mm bar spacing or similar net grid; or
o 100mm+100mm smp
For vessels with catches of more than 55% of whiting or 55% of anglerfish, hake or
megrim combined, one of the following gear options should be used:
o 100mm codend +100mm smp;
o 90mm T90 codend and extension;
o 80mm codend + 160mm smp; or
o 80mm codend + 2m x 100mm square mesh cylinder
For vessels with catches below 10% of gadoids in 7f east of 5 degrees west the
following should be used:
o 80mm cod end + 120mm SMP
A selective gear or device assessed by the STECF as having the same or higher selectivity
characteristics for cod, haddock and whiting may be added as an alternative gear to the
above.
Irish Sea VIIa
The following will apply to fishing vessels operating with bottom trawls or seines in the Irish
Sea, from 1st January 2019.
For vessels with a codend mesh size equal or larger than 70mm and less than 100mm (TR2)
with catches of more than [5%] of
Nephrops, one of the following gear options should be
used:
300mm SMP (vessels under 12m may use a 200mm smp);
SELTRA box trawl with 270mm diamond mesh or 300mm smp;
Sorting Grid with 35mm bar spacing as defined in Annex XIVa to Regulation (EC)
850/98;
CEFAS Net grid;
Flip-flap trawl of specification defined
For vessels operating with bottom trawls and seines with catches of more than [10%] of
haddock, cod and skates and rays combined, one of the following options should be used:
120mm codend; or
An eliminator trawl with 600mm large mesh panels and 100mm codend.
For vessels with catches below 10% of haddock, cod and skates and rays combined, a
codend mesh size of 100mm+100mmm smp should be used. This is not applicable to vessels
with more than 30% of
Nephrops.
A selective gear or device assessed by the STECF as having the same or higher selectivity
characteristics for cod, haddock and whiting may be added as an alternative gear to the
above.
7. Documentation of catches
a. In accordance with Article 15(5)(d), specific discard plans can make provisions on
documentation of catches. Such provisions should be consistent with the rules
outlined in Regulation (EU) no 1224/2009
b. Catches of species subject to catch limits shall be recorded in the appropriate fishing
logbook with the correct scientific species name and/or with the appropriate codes
in order to quantify the exact catches, in accordance with the Control Regulation.
Documentation should be sufficiently rigorous to enable robust scientific
assessments to be undertaken and the application of methods of control.
c. Catches of species below a minimum conservation reference size should be recorded
as a separate entry.
d. For any species not subject to the landing obligation, all estimated volumes of
discards above 50 kg live-weight equivalent in volume shall be recorded in the
electronic/fishing logbook with appropriate codes denoting the species discarded.
e. For any species not subject to the landing obligation pursuant to Articles 15(4) and
15(5) of Regulation (EU) No 1380/2013 of the European Parliament and of the
Council all estimated discards in volume shall be recorded in the electronic/fishing
logbook. The utilisation of the de minimis exemption shall be monitored by the
competent authority.
The North Western Waters Group may wish to take account of any advice issued by
relevant experts groups relating to the documentation of catches in due course.
8. List of annexes:
Annex I: Request for high survivability exemption for
Nephrops in the TR2
fisheries in Area VII in combination with highly selective gears in Area VII
Annex Ia: Nephrops survivability report
Annex II: Request for high survivability exemption for
Nephrops caught by 80-
110mm otter trawl gears in ICES subarea Via, within 12 miles of coasts
Annex III: Request for high survivability exemption for skates and ray species
caught by any gear in ICES areas VI and VII
Annex IIIa: Belgian vessels catching skates and rays
Annex IV: Request for high survivability exemption for plaice caught by trammel
nets in ICES divisions VIId and VIIe
Annex V: Request for high survivability exemption for plaice caught by trammel
nets in ICES divisions VIIf and VIIg
Annex VI: Request for high survivability exemption for plaice caught by otter
trawls in ICES divisions VIId and VIIe
Annex VIa: Survival of European plaice discarded from coastal otter
trawl fisheries in the English Channel
Annex VII: Request for high survivability exemption for Request for high
survivability exemption for plaice caught by otter trawls in ICES divisions VIIf and
VIIg
Annex VIII: Request for high survivability exemption for plaice in ICES divisions
VIIa-k caught using beam trawls
Annex VIIIa: Plaice Survival Report
Annex VIIIb: Stones debris and survival report
Annex VIIc: Belgian landing, discard and catch data
Annex IX: Request for high survivability exemption for fish caught in pots, traps
and creels
Annex X: Request for de minimis exemption for haddock caught using bottom
trawls, seines and beam trawls of greater than or equal to 80mm mesh size in
the Celtic Sea and the Channel (ICES VIIb-c, e-k)
Annex XI: Request for de minimis exemption for cod caught using bottom
trawls, seines and beam trawls of greater than or equal to 80mm mesh size in
the Celtic Sea and the Channel (ICES VIIb-c, e-k)
Annex XII: De minimis for horsemackerel caught by vessels using bottom trawls
and seines, and beam trawls in ICES subarea VI and VIIb-k
Annex XIII: De minimis for mackerel caught by vessels using bottom trawls and
seines, and beam trawls in ICES subarea VI and VIIb-k