Ref. Ares(2018)4281280 - 17/08/2018
Ref. Ares(2019)2387732 - 04/04/2019
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR MARITIME AFFAIRS AND FISHERIES
Fisheries Policy Atlantic, North Sea, Baltic and Outermost Regions
Structural Support Atlantic, North Sea, Baltic and Outermost Regions
Director
Brussels,
MARE.C1/
/Ares(2018)
Chair of the Scheveningen MS
Group
Subject:
Updated joint recommendations for a demersal discard plan
Dear Chair,
I would like to thank you and the members of your regional group for replying to my
letter from the 24 July 2018. We appreciate that August can be a difficult month to
contact your Member States and we are grateful for the efforts made by national
administrations. However, I am sure you will agree that with the implementation of the
landing obligation ahead of us, this is an exceptional year for drafting the discard plans
and delegated acts.
Whilst we appreciate the work done so far by the regional groups, we consider that some
of the new exemptions that have now been proposed in response to our previous
communication deserve being subject to STEFC's scrutiny. In particular we note several
new "single stock
de minimis" exemptions that have been proposed in place of
"combined
de minimis" exemptions. Whilst several of these new exemptions have been
provided with additional information, there will not be sufficient time for them to be
analysed by the STECF ahead of the Expert Working Group in September.
Therefore we would propose, without prejudice to the final position of the Commission,
that your joint recommendations be modified according to the comments in the attached
table. In the interests of expediency, please could you confirm in writing no later than
22
August, that you accept the proposed changes from the attached table, which will then
allow the Commission to continue with drafting the first wave of delegated acts, minus
these still open elements, ensuring drafts are sent on time for scrutiny by the Expert
Group in September.
We would like to reiterate that it is the Commission's goal to ensure that the co-
legislation process passes smoothly. Our approach would allow for discard plans that
clearly align with the existing scientific advice from STECF and help avoid the proposal
for a discard plan to be rejected entirely. We would thus hope to have discard plans in
place for 1 January 2019. The Commission will send separate joint recommendations
containing the new elements, such as the "single stock
de minimis" to the STECF for
review as soon as they are ready. If the STECF provide a positive assessment for these
1
new exemptions, we would envisage updated delegated acts entering into force at a later
date in 2019.
Should you have any further questions, please could you kindly contact my colleague
Ms.
Yours sincerely,
Hélène CLARK
Enclosure:
Annex
Cc
l
2
Annex
RESPONSES AND COM POSITION TO JRs 15 AUGUST 2018
ASSESSMENT OF 2018 JOINT RECOMMENDATION BY THE SCHEVENINGEN GROUPS
HIGH SURIVIVABILITY REQUESTS
Exemption
STECF assessment
COMMENT –
COMMISSION
Scheveningen
Commission
requested by
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POSITION
response to
response to
the
INFORMATION
Commission
revised Joint
Scheveningen
position
Recommendation
group
Plaice (caught as
EWG: Based on studies in Danish fisheries in
NEW EXEMPTION
The Commission can Ok
Ok
bycatch)
by the Baltic Sea, and on the assumption that the
accept this exemption
passive gear (nets principles and evidence are also applicable to
Survival rate 100 %
)
in
area
3a the North Sea. The studies provide initial
Kattegat/Skagerrak
evidence of the survivability caught with
, 4 North Sea.
trammel nets. Results from the study showed
100% survivability.
Studies should be repeated in the North Sea
with a more complete analysis (more samples;
considering the environmental conditions and
the fishing handling practices, long term
mortality, air exposure, etc.) in representative
fisheries. In addition, no data is provided for
other types of static nets.
The handling procedures related to the
discarding of plaice particularly those to
minimize air exposure, are a key factor
affecting the survivability of this species. These
should be well specified in the discard plan if
the exemption is granted. Suggested additional
data to be requested:
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Exemption
STECF assessment
COMMENT –
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Commission
requested by
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response to
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Fishery data for the static ‘net’ categories.
STECF plenary: notes additional catch and
fleet information has been provided to the PLEN
18-02.
STECF has no additional comments on the
supporting
information
which
seems
reasonable.
STECF notes that the survival estimate is
100%, if confirmed over a range of conditions
this implies that none of the overall catch of the
gears affected by this exemption is discarded
and dies
Plaice (caught as
EWG:
NEW EXEMPTION
The Commission can
Ok
Ok
bycatch) by Danish
accept this exemption
seine in area 3a Fleet information is supplied only for the
Survival rate 78 %
Kattegat/Skagerrak
Denmark, but it is assumed no other Member
, 4 North Sea
States has vessels using this gear. No detailed
catch information is presented. Data only shows
percentages of unwanted catch of plaice, which
is on average 8% by volume in the Skagerrak,
and 1% in the North Sea.
The supporting study provides evidence on the
survivability of discarded plaice in Danish Seine
fisheries. The sample size is high enough to
obtain reliable estimates of overall survival
rates and the survival rates are likely to
4
Exemption
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response to
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represent the lowest survival rates expected
during the year given the study was carried out
during the summer months.
The study only covers the Skagerrak, but it
seems reasonable to assume that the results
are broadly representative given the proximity
of the areas, similar catch compositions and the
gears are identical.
The large differences in survival rates with
increasing air exposure (before and after 30
minutes) shows this is an important factor that
should be incorporated in the discard plan if the
exemption is granted. Suggested additional
data to be requested:
Information on the air exposure times during
the catch sorting process in the commercial
fleet.
STECF
plenary:
notes
that
additional
information has been provided to the PLEN 18-
02 regarding sorting times at the fleet level.
This shows that based on the average catch
rates, the estimated sorting time would be 45
minutes. However, the survival studies show
that survival rates decrease significantly after
sorting times of 30 minutes. STECF highlights
that if sorting times are on average longer than
30 minutes then the survival rates observed are
not applicable for this fishery. The actual
survival rates will be significantly lower.
5
Exemption
STECF assessment
COMMENT –
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requested by
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response to
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group
Therefore, STECF re-iterates the observations
of EWG 18-06 that exposure time should be
factored into the discard plan if the exemption
is to be granted.
Plaice below MCRS
EWG: No data on the fleets or fisheries is
NEW EXEMPTION
The Commission can The exemption is
The Commission can
caught by 80-119 provided and it is unclear as to whether the
accept this exemption requested
once
accept the
mm beam trawl exemption is to apply to all beam trawl fisheries
Survival rate 15-20 on a 1-year temporary again for
three revision's fall-back
(BT2) in area 2a or just to vessels using pulse trawls.
%
basis; extension beyond years in light of
position:. COM
and 4 (North Sea)
one
year
will
be the roadmap and maintains a one year
There is no justification for the three-year
conditional on:
the considerable exemption with the
duration other than to allow further studies to
commitments that possibility to extend
be carried out and additional control measures
a)
the
roadmap go with it and with reference to a)
to be introduced. There is no indication the
developed by MS to be needs
for
a and b). Therefore an
exemption would be removed if follow-up
scientifically
assessed certain
end date of 31
studies did not show reasonable survival rates
by STECF
predictability. The
December 2019
for discarded plaice.
progress made on
needs to be written
b) Annual reporting on the
roadmap
into the Joint
The JR states that “plaice has a proven
the
progress
and should
be
recommendation
potential for high survival, given already
modifications/adjustme
evaluated
existing high survival exemptions in place in the
nts
made
to
the annually by the
North Sea and other regions”. However, the
programme, in order to Commission
results of all the studies provided do not
increase survivability
based
on
the
corroborate this statement as the mean
annual report by
survival rates presented are in all cases lower
MS. Based on this
than 20%.
evaluation
the
exemption can be
continued
or
The survival studies presented were all carried
adjusted for the
out with pulse trawls and EWG 18-06 cannot
following
year.
assess whether the results presented are
Fallback: should
representative of standard beam trawl gears
the
Commission
used. If the intention is for this exemption to
6
Exemption
STECF assessment
COMMENT –
COMMISSION
Scheveningen
Commission
requested by
ADDITIONAL
POSITION
response to
response to
the
INFORMATION
Commission
revised Joint
Scheveningen
position
Recommendation
group
cover standard beam trawl gear as well as
judge
that
an
pulse trawls then it would be appropriate to
exemption can be
repeat these studies with standard beam trawl
granted for one
gear.
year only, the
Scheveningen
The request includes a description of the
group
reserves
fisheries concerned and indicates that the
the
right
to
exemption is conditional on a package of
resubmit
a
measures and incentives which affect two
request at a later
different components of the fleet in various
stage
stressing
ways. However, the reasoning for considering
that the roadmap
these two fleet segments (< 221kw and >
envisages a 3
221kw) is not justified.
year
period.
Furthermore,
in
For the small vessel fleet (<221 kw) the
case
the
exemption applies if the average trawl duration
exemption
is
is <90 min. However, the threshold of 90 min is
granted for only
not well supported because the results
one year,
the
presented in the show that no effect of short
Scheveningen
(90 instead of 120 min) hauls on discards
group reserves
survival probability could be detected. For the
the
right
to
large vessels (>221kw) a package of measures
cancel or adjust
and incentives towards more selective fishing
the pilot project
will be developed over a three-year period.
on
Fully
However, little detail is provided on how these
Documented
measures will be introduced.
Fisheries to a
form that is in line
with the duration
The total sample sizes used in the survival
of the exemption.
studies are adequate to obtain an overall
survival rate. However, although the sea trips
were spread out over the year (January, May,
The
roadmap
June, July, September, October, December) to
should
be
7
Exemption
STECF assessment
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Commission
requested by
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Recommendation
group
account for the potential effect of variable
assessed
by
environmental and fishing conditions on
STECF and for
discards survival, the low number of individuals
that purpose will
in each trip prevents using these as reliable
be transmitted to
monthly survival estimates.
the
Commission
in
due
course
The studies show survival was strongly affected
ahead of 2019.
by
fish
condition.
Therefore,
the
An annual report
recommendation that measures aimed at
on the progress
increasing the survival of discards should focus
and modifications
on improving the condition of discarded fish
and adjustments
during the capture process rather than the
made
to
the
catch processing seems appropriate. Suggested
programme
in
additional data to be requested:
order to increase
selectivity will be
Reasoning for why a three-year period is
sent
to
the
requested for the exemption.
Commission by 1
May 2019.
STECF plenary: acknowledges that the
supporting scientific study is of good quality.
STECF notes that survivability in this case is
affected by many factors and that survivability
is highly variable.
STECF re-iterates the concerns raised by EWG
18-06 regarding the estimated survival rates
which are less than 20%. STECF also highlights
that given the indicative high discard rates and
relatively the low survival rates it is likely that
significant quantities of plaice discarded will not
8
Exemption
STECF assessment
COMMENT –
COMMISSION
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Commission
requested by
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POSITION
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response to
the
INFORMATION
Commission
revised Joint
Scheveningen
position
Recommendation
group
survive.
STECF also re-iterates the concerns raised by
EWG 18-06 regarding the representativeness of
the survival estimates from the pulse trawl
fishery to standard beam trawls. If the intention
is for this exemption to include standard beam
trawls or other towed gears then additional
survival studies should be carried out.
STECF re-iterates the concerns of the EWG 18-
06 regarding the duration of the exemption and
notes that no further justification for the length
of the exemption (3 years) has been provided.
STECF notes that the available survival
estimate is relatively low at 20%, while plaice
discard rate in the North Sea is quite high at
34% (ICES 2018). Assuming the discard rate of
<mcrs plaice is at least 34%, this implies that
at least 27% of the undersized catch affected
by this exemption is discarded and dies
Plaice (caught as
EWG: Based on a scientific study on discard
NEW EXEMPTION
The Commission can ok
NA
bycatch) by ≥120 survival of plaice caught in the demersal trawl
accept this exemption
mm trawl (OTB, mixed fishery in the Skagerrak during summer Only
applicable
in
PTB) in area 3a 2017 and winter 2018. The study followed the winter (1 November-30
Kattegat/Skagerrak
ICES WKMEDS guidelines with large sample April)
, 4 North Sea
sizes.
Survival rate 75 %
The mean survival rate for undersized plaice
9
Exemption
STECF assessment
COMMENT –
COMMISSION
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Commission
requested by
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POSITION
response to
response to
the
INFORMATION
Commission
revised Joint
Scheveningen
position
Recommendation
group
was higher in winter (75%) than in summer
(44%). The mean rate for undersized plaice
caught when targeting
Nephrops during winter
was lower (41%) than when targeting plaice in
the same season. The larger amount of
Nephrops in the catch caused more physical
damage to the fish, reducing survival rates.
In the summer when targeting plaice, discard
survival rates were affected by air exposure
duration. After 60 minutes exposure, the
survival rates dropped to 8%. The air exposure
times used in the experiment were within
commercial practice, but it is not known if air
exposure time is higher at the fleet level. The
low survival values in summer justifies the
exemption being restricted to winter months as
indicated in the JR. Suggested additional data
to be requested:
a) Data on catch and discard quantities.
b) Information on the air exposure times during
the catch sorting process in the commercial
fleet.
STECF
plenary:
notes
that
additional
information has been provided to the PLEN 18-
02 on the typical sorting times by catch size.
Information on average catch weights in the
relevant fisheries is also provided. This
information shows that average sorting times
are in the region of 40-60 minutes. STECF
10
Exemption
STECF assessment
COMMENT –
COMMISSION
Scheveningen
Commission
requested by
ADDITIONAL
POSITION
response to
response to
the
INFORMATION
Commission
revised Joint
Scheveningen
position
Recommendation
group
highlights that survival rates dropped to < 10%
with sorting times greater than 60 minutes in
the summer months. The actual survival rates
in the fishery are likely to be much lower than
those observed and this re-enforces the
recommendation to restrict this exemption to
the winter months.
STECF notes that the winter survival estimate is
75%. The prevailing discard rates provided in
the JR supporting material indicate values of
60% in III and 6.4% in IV. These discard
values imply that between 2 and 15% of the
overall catch of the gears affected by this
exemption is discarded and dies
STECF notes that additional catch and fleet
information has been provided by Sweden.
Skates and rays for
EWG: New exemption. Scope is very wide
NEW EXEMPTION
The Commission can
Accept 3-year
The Commission can
all fishing gears in covering all species of skates and rays and also
accept this exemption
limitation, until 31
accept the revision
all areas of NS
all fishing gears, which is a major concern.
Temporary
and partially on a 3-year
December 2021.
For cuckoo ray in
conditional
temporary basis,
For cuckoo ray
order to collect
The JR also recommends that discard rates
conditional on:
a 1-year
further data a 1-
need to be included in the annual ICES
Survival rate 45 %
exemption is
year exemption
assessment and a methodology devised to
a) the roadmap which
proposed. A
until 31 December
calculate quota uplifts for skate and ray species
roadmap will be
2019 will need to be
These species are has been submitted by
to take account of discards.
transmitted by
written into the
choke risks for the Member States to be
MS involved to
Joint
demersal fisheries
scientifically assessed
The JR contains a comprehensive review of the
by STECF
the regional
Recommendation
existing estimates of discard and survival rates
group
by 31
Extension beyond
October 2018 to
one year will be
11
Exemption
STECF assessment
COMMENT –
COMMISSION
Scheveningen
Commission
requested by
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POSITION
response to
response to
the
INFORMATION
Commission
revised Joint
Scheveningen
position
Recommendation
group
of skate and rays, based on existing
b) Annual reporting on
illustrate the
assessed by STECF
information and survival studies. This review
the progress and
further work
based on the annual
shows discard rates and survivability estimates
modifications/adjustme
envisaged. The
report of 1May
depend greatly on the species, area and métier
nts made to the
roadmap should
which should
considered. An average survival estimate of
programme, in order to
be assessed by
specifically address
45% is put forward in the JR. Vitality data on
increase survivability
STECF and for
Cuckoo ray
discarded skates and rays show less variability,
that purpose will
survivability
with most (>95%) rays in longline, otter trawl
c) Excluding Cuckoo ray
be transmitted to
and static net fisheries being alive and in good
due to a lower
the Commission
or moderate condition at the point of release.
survivability (34%)
in
due course
However, the supporting information highlights
ahead of 2019.
there are significant data gaps that need to be
Scheveningen will
addressed. More work is needed to fill the gaps
report annually
and provide a more complete picture of survival
by 1 May to the
across different skate and ray species in
Commission on
different fisheries/areas/métiers.
the progress and
modifications and
During the period of the requested exemption
adjustments
(i.e. 3 years), the aim is to promote good
made to increase
practice by fishermen as well as implementing
survivability,
avoidance and selectivity measures to minimise
especially for
the unwanted catches of skate and rays.
Cuckoo ray.
However, it is not clear which of these
measures will be implemented by each fishery
or their likely effectiveness. The justification for
the three-year period is limited, if the
recommendation is awarded, a shorter period
would allow for the exemption to be reviewed
quickly in the light of emerging data.
Very few landings and discards data provided.
EWG18-06 recognises these data are sparse
12
Exemption
STECF assessment
COMMENT –
COMMISSION
Scheveningen
Commission
requested by
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POSITION
response to
response to
the
INFORMATION
Commission
revised Joint
Scheveningen
position
Recommendation
group
and that there are quite a lot of species,
however, Regional Group should provide
whatever they do have to assist inform the
evaluations.
STECF
plenary:
acknowledges
that
a
significant amount of information has been
presented to support this proposed exemption.
However, STECF observe that the scope of this
exemption is wide, covering many species and
fisheries, and as such, not consistent with
existing
survivability
exemptions.
STECF
recognizes that the effects of different variables
on discard survival is not well understood and
this introduces risks in extrapolating discard
survival evidence between species fisheries and
seasons.
STECF notes that the raw data underpinning
the information provided in the JR has been
supplied, although this is of limited value other
than confirming the basis for the proposed
exemption.
Turbot caught by
EWG: No data on the fleets or fisheries (e.g.
NEW EXEMPTION
The Commission rejects Scheveningen will
The Commission
Towed gears with a fleet, landings and discard rates) involved is
this exemption, on the request once
maintains initial
cod-end >80 mm provided. It is also unclear as to whether the
Temporary
and basis of not sufficient again the
position
(beam trawl and exemption is to apply to all trawl fisheries or
conditional
data being provided, exemption,
OTB, PTP) in area just to vessels using pulse trawls.
while survivability rates emphasizing that
3a
Survival rate 20-43 are low, and discard the discard levels
Kattegat/Skagerrak
of 2015 and 2016
13
Exemption
STECF assessment
COMMENT –
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Commission
requested by
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response to
the
INFORMATION
Commission
revised Joint
Scheveningen
position
Recommendation
group
, 4 North Sea
The exemption is proposed on a temporary
%
rates high
are not
basis for three years. However, there is no
representative
justification provided.
and were low due
to a low TAC. As
Based on survival studies which provide a
the TAC has been
preliminary survival rate estimate of 30% with
increased
provision for further studies The survival rates
significantly for
in summer were higher than in winter which is
2017 and 2018,
unusual based on results of previous survival
the level of
studies with different species. Given this
discarding is
unexpected
outcome,
it
would
seem
expected to be
appropriate to repeat the survival studies to
less as assumed
confirm this is the case.
in assessments
based on data for
The survival studies presented were all carried
2015 and 2016.
out with pulse trawls. EWG 18-06 cannot
assess whether the results presented are
Fallback: should
representative of standard beam trawl gears or
the Commission
other trawl gears. If the intention is for this
find this request
exemption to cover demersal trawls and
still unacceptable,
standard beam trawl gear as well as pulse
the request for
trawls then it would seem appropriate to repeat
such an
these studies with these gears.
exemption is
withdrawn for the
The total sample sizes used in the survival
time being. In
studies are adequate to obtain an overall
such a case
survival rate. However, although the sea trips
Scheveningen
were spread out over the year (January, May,
reserves the right
June, July, September, October, December) to
to resubmit this
account for the potential effect of variable
request in a
environmental and fishing conditions on
future joint
discards survival, the low number of individuals
recommendation,
14
Exemption
STECF assessment
COMMENT –
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Commission
requested by
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response to
response to
the
INFORMATION
Commission
revised Joint
Scheveningen
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Recommendation
group
in each trip prevents using these as reliable
in particular in the
monthly survival estimates.
light of
information
The studies show survival was strongly affected
gained with the
by
fish
condition
backing
up
the
roadmap on the
recommendation made in the JR that measures
plaice fishery.
aimed at increasing the survival of discards
should focus on improving the condition of
discarded fish during the capture process rather
than the catch processing. Suggested additional
data to be requested:
a) Data on catch and discard quantities.
STECF plenary: re-iterates the concerns
raised by EWG 18-06 regarding the survival
rates estimated which are typically 30% with
considerable variability.
STECF also highlights that given the indicative
discard rates which for some fleets are high and
survival rates are relatively low in the BT2
fishery then it is likely that significant quantities
of turbot discarded will not survive. Most
catches of turbot are taken in the BT2 fishery.
STECF notes that for the towed areas combined
(beam trawl and otter trawl) the available
combined discard rate was 22% and the
survival estimate is relatively low at 30%. This
implies that at least 15% of the undersized
15
Exemption
STECF assessment
COMMENT –
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Commission
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response to
the
INFORMATION
Commission
revised Joint
Scheveningen
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Recommendation
group
catch made by the gears affected by this
exemption is discarded and dies (Fig ***).
STECF notes that the survival estimates are
based on studies carried out in the pulse trawl
fishery.
STECF
cannot
assess
the
representativeness
of
these
estimates
compared to standard beam trawls or TR2
gears. Further studies to consider the effects of
differing environmental conditions and fishing
operations would seem appropriate.
STECF notes that detailed catch and fleet
information has been supplied to the PLEN 18-
02 for both TR2 and BT2 fisheries.
Norway
lobster
EWG: Consolidation of several previous
EXISTING
The Commission can Recognising that
The Commission
caught by demersal exemptions. No information is provided on
EXEMPTION,
AREA accept this exemption further data
takes note that the
trawls with a cod fleets and catch data is only provided for the
COVERAGE
on a 2-year temporary should be
group agrees, an
end larger than UK. There is an inconsistency in the fishery
EXTENDED
basis conditional on:
provided on this
end date of 31
80mm in area 2a data provided for UK.
fishery, in
December 2021
(Union waters), 3a
Survival rate 38-75 a) data being provided particular as
needs to be written
Kattegat/Skagerrak
Based on a scientific study on post-catch
%
on the Scottish east concerns the
into the Joint
, 4 North Sea
survivability following the ICES WKMEDS
coast fisheries in the Scottish east
Recommendation
recommendations. Survival rates were provided
North Sea and the coast fisheries, in
for two areas: i) west coast (Minches): overall
fisheries
in
the the west coast of
rate 53%; 45.7% in summer; 56.3% in winter;
Skagerrak
the North Sea,
ii) east coast (Firth of Forth): survival rate in
this request is
summer was 74.5%.
b) detailed catch and initially made for
discard figures for the two years. These
two years are to
16
Exemption
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Survival results for the Scottish west coast
pandalus fishery
be used to collect
appear representative of the wider fleet
more data on the
operating on the west coast. However, for the
fishery in that
east coast, substantial differences were
part of the North
observed, meaning to apply the discard survival
Sea. The
estimates to the whole fleet in this fishery
Scheveningen
would require several assumptions to be made.
group reserves
There is limited information to assess whether
the right to
these assumptions are justified and therefore
resubmit any
whether the results from the studies are
such request in
representative for the whole of the east coast.
the future. Any
new data on
No assessment could be carried out of whether
nephrops
extending the survival rates to the
Pandalus
generated in the
fishery is justified as no supporting information
meantime will be
was provided. The gears and characteristics of
included in any
the fishery are very different to the
Nephrops
further request.
fishery which means the survival estimates
provided cannot be considered representative
The Scheveningen
of the
Pandalus fishery. Suggested additional
group will clarify
data to be requested:
that no exemption
is requested for
Detailed catch and discard figures.
the
pandalus fishery (taking
STECF plenary: re-iterates the concerns raised
into account the
by EWG 18-06 regarding the assumptions made
STECF comments
on the survival estimates observed in the east
on pandalus)
coast fisheries and whether the estimates are
representative for the whole area. Nonetheless
the supporting scientific information is based on
a robust approach and that the validation
technique used in the context of the wider
17
Exemption
STECF assessment
COMMENT –
COMMISSION
Scheveningen
Commission
requested by
ADDITIONAL
POSITION
response to
response to
the
INFORMATION
Commission
revised Joint
Scheveningen
position
Recommendation
group
fleets is reasonable.
STECF also re-iterates the concerns raised by
EWG 18-06 on the lack of information to justify
the inclusion of the
Pandalus fishery in this
exemption.
STECF notes the additional catch data
submitted by the UK to the PLEN 18-02
addresses the inconsistencies identified by EWG
18-06.
STECF notes that depending on gear, survival
estimates range between 38%(SELTRA) to
75%(Grid). At the prevailing discard rate (6%)
indicated in the JR supporting material, the
range of survivability values imply that between
2 and 4% of the overall catch of the gears
affected by this exemption is discarded and dies
Norway
lobster No new STECF assessment
EXISTING
The Commission can
Ok
Ok
caught by pots in
EXEMPTION
accept this exemption
area 3a and 4
Whitefish caught as No new STECF assessment
EXISTING
The Commission can
Ok
Ok
bycatch in pots
EXEMPTION
accept this exemption
(creels) and traps
in area 3a and 4
18
Exemption
STECF assessment
COMMENT –
COMMISSION
Scheveningen
Commission
requested by
ADDITIONAL
POSITION
response to
response to
the
INFORMATION
Commission
revised Joint
Scheveningen
position
Recommendation
group
Sole
caught
by No new STECF assessment
EXISTING
The Commission can
Ok
Ok
trammel nets and
EXEMPTION
accept this exemption
gillnets in area 2a,
3a and 4
Sole (below MCRS) STECF notes that no new information on
EXISTING
The Commission can
Ok
Ok
caught with trawl nursery areas has been provided.
EXEMPTION
accept this exemption
gears in area IVc
19
DE MINIMIS REQUESTS
Exemption
STECF assessment
COMMENT –
COMMISSION POSITION
Scheveningen
Commission
requested by the
ADDITIONAL
response to
response to
Scheveningen
INFORMATION
Commission
revised Joint
group
position
Recommendation
All
TAC-regulated
EWG: New exemption. Based on
NEW EXEMPTION
The Commission can accept
Ok
Ok
species for vessels major increases in selectivity being
this exemption
targeting
brown difficult to achieve beyond existing
shrimps in area 4b measures. In addition, the handling
and 4c North Sea
of unwanted catches is regarded as
having
an
economically
disproportionate impact given the
difficulties in sorting very small
undersized individuals from the
target
species.
No
supporting
documentation
is
provided
to
support either of these assertions
even though it is likely that both are
important for this fishery.
A reasonably detailed description of
the fishery and fleets is provided but
there is no breakdown by Member
State and the catch data is only
provided as a percentage of the
overall catches and not by volume.
Suggested additional data to be
requested:
a) Supporting documentation on
disproportionate
costs
of
i)
separating out small fish and ii)
need for extra crew.
b) Breakdown of the fleets by
Member State and the catch data is
only provided as a percentage of the
20
Exemption
STECF assessment
COMMENT –
COMMISSION POSITION
Scheveningen
Commission
requested by the
ADDITIONAL
response to
response to
Scheveningen
INFORMATION
Commission
revised Joint
group
position
Recommendation
overall catches and not by volume.
STECF
plenary
notes
that
additional
information
on
disproportionate costs has been
provided to the PLEN 18-02. This
information
documents
the
increasing time for sorting small fish
from the brown shrimp catch as well
as providing economic data relating
to the costs of employing extra crew
to carry out this sorting on board.
STECF notes that a breakdown of
the fleets involved in the fishery has
also
been
provided
and
a
justification for not supplying catch
data relating to bycatch volumes has
also been supplied which seems
reasonable.
Pelagic
species
in
EWG: New combined species de
NEW EXEMPTION
The Commission rejects this The Scheveningen
The Group is asked
demersal
fisheries minimis. Based on improvements in
exemption,
as
STECF Group requests 2
to submit their
caught
by
bottom selectivity being difficult to achieve
Combined de minimis
assessed that it is possible separate single stock de
request for single
trawl, 70-99 mm in and also on disproportionate costs of
to render the fisheries to minimis (7% for horse
stock de minimis
area 4 North Sea
handling
unwanted
catches
of
become more selective and mackerel and 7% for
requests in a
pelagic species on board.
that this is not difficult to mackerel) for vessels
separate Joint
attain
using 80-99mm nets
Recommendation to
Limited supporting information is
(originally 70-99mm)
allow STECF to look
provided regarding either of these
at their request and
conditionalities. Reference to some
supporting
French selectivity studies although
information.
they do not relate directly to the
21
Exemption
STECF assessment
COMMENT –
COMMISSION POSITION
Scheveningen
Commission
requested by the
ADDITIONAL
response to
response to
Scheveningen
INFORMATION
Commission
revised Joint
group
position
Recommendation
selectivity
of
pelagic
species.
This would allow the
Additionally, there is a reference to a
undisputed parts of
French study (EODE study) which
the Joint
deals with disproportionate costs but
Recommendation to
not specifically with handling catches
be accepted and help
of pelagic species.
the delegated act to
be in place by 1
A detailed description of the relevant
January 2019
French fisheries and fleets is
provided. No information provided
on other fleets who may wish to
avail of this exemption.
Indication that beam trawls are to
be included but no catch or fleet
information is provided. Suggested
additional data to be requested:
a) Supporting information regarding
either i) improvements in selectivity
being difficult to achieve or ii) on
disproportionate costs of handling
unwanted catches of pelagic species
onboard.
b) Catch or fleet information on i)
other fisheries involving UK, NL, SE
and DK vessels or on ii) beam
trawls.
STECF
plenary
notes
that
additional supporting information
has been provided to PLEN 18-02 in
22
Exemption
STECF assessment
COMMENT –
COMMISSION POSITION
Scheveningen
Commission
requested by the
ADDITIONAL
response to
response to
Scheveningen
INFORMATION
Commission
revised Joint
group
position
Recommendation
the form of two selectivity studies
carried out in France in 2010 and
2014. These studies contain limited
information for pelagic species but
show that pelagic bycatch can be
reduced in the TR2 fisheries using a
range of selective gears. The reports
also
show
the
consequential
reductions in marketable catches
associated with the use of these
selective gears.
While these supporting studies are
informative, STECF is unable to
assess whether this demonstrates
that improvements in selectivity to
reduce pelagic bycatch are very
difficult to achieve in these fisheries.
STECF also cannot assess whether
the losses associated with the use of
the gears tested would render the
fisheries
uneconomic.
Further,
STECF notes that current levels of
unwanted catches in the TR2
fisheries are amongst the highest in
any demersal fisheries in the North
east Atlantic but the legal gears
used (80mm+80mm smp) are
relatively unselective.
STECF notes that no further
information
on
disproportionate
23
Exemption
STECF assessment
COMMENT –
COMMISSION POSITION
Scheveningen
Commission
requested by the
ADDITIONAL
response to
response to
Scheveningen
INFORMATION
Commission
revised Joint
group
position
Recommendation
costs has been provided.
STECF
notes
that
clarification
regarding the catch data is provided,
which indicates the original data
supporting the exemption covers
catches from all vessels fishing with
TR2 and BT2 gears in the North Sea.
This data has been extracted from
the FDI database and is presented
as aggregated data covering the
fleets from all Member States and
both gear types. No breakdown of
catches by gear type and no
breakdown of the fleets involved in
the relevant fisheries have been
provided.
Therefore,
STECF
concludes that it is still difficult to
assess the extent of this de minimis
exemption.
Ling caught by bottom
EWG: New exemption. Based on
NEW EXEMPTION
The Commission can accept The request is split The Commission can
trawl >100m in area 4 improvements in selectivity being
the exemption on a 1-year into two parts: 1) a
accept the revision
North Sea
difficult to achieve given the
temporary basis, conditional 3-year exemption is
to split, but 2) 100-
relevant
fisheries
are
already
on data being delivered requested for vessels
199mm for 1 year so
selective. No supporting information
showing that:
with
a
mesh
size
31 December 2019
is provided other than referring to
greater than or equal to
end date needs to be
the morphology of ling, which makes
a)
improvements
in 120mm,
2) a 1-year
in JR and extension
reducing unwanted catches of ling
selectivity are very difficult exemption is requested
in future JRs will be
difficult. Reference to several
to achieve in the relevant for vessels with a mesh
conditional on a) and
French studies although they do not
fisheries and
size between 100-119
b)
relate directly to the selectivity of
24
Exemption
STECF assessment
COMMENT –
COMMISSION POSITION
Scheveningen
Commission
requested by the
ADDITIONAL
response to
response to
Scheveningen
INFORMATION
Commission
revised Joint
group
position
Recommendation
ling. Suggested additional data to be
b) additional catch or fleet mm
requested:
information for the fleets
from other Member States
A detailed description of the relevant
who may also be active in
French fishery and fleet is provided.
the fisheries (i.e. DE and UK)
No information on other fleets which
may wish to avail of this exemption.
Suggested additional data to be
requested:
a)
Supporting
information
on
selectivity being difficult to achieve,
other
than
referring
to
the
morphology of ling.
b) Clarification that this exemption
would apply to similar fleets from
other Member States. There is
reference to DE vessels operating in
the fishery, but no details are
provided.
STECF plenary: notes that no new
supporting information has been
provided to the PLEN 18-02 to
support
this
exemption.
The
arguments put forward in the JR that
the gear used in the fisheries are
already selectivity in the relevant
fisheries is re-iterated. Improving
selectivity further will render the
fisheries uneconomic. While it is
reasonable
to
assume
that
25
Exemption
STECF assessment
COMMENT –
COMMISSION POSITION
Scheveningen
Commission
requested by the
ADDITIONAL
response to
response to
Scheveningen
INFORMATION
Commission
revised Joint
group
position
Recommendation
improvements in selectivity to
reduce unwanted catches of ling are
technically challenging given their
morphology,
STECF
cannot
definitively assess the impact on the
fisheries of improving selectivity and
whether such improvements are
very difficult to achieve in the
relevant fisheries.
STECF notes that no additional catch
or fleet information has been
provided for the fleets from other
Member States who may participate
in the fisheries (i.e. DE and UK).
Species for industrial
EWG:
New
combined
species
NEW EXEMPTION
The Commission rejects the Ok, however
Ok
purposes caught in exemption. Based on handling of
exemption on the basis of Scheveningen reserves
demersal
fisheries unwanted catches are regarded as
Combined de minimis
not sufficient data being the right to retable this
caught by bottom and economically disproportionate given
provided.
proposal at a later date
beam trawl TR1, TR2, the difficulties in sorting very small
when further
BT2
in
area
3a undersized individuals from the
information has been
Kattegat/Skagerrak, 4 target species.
collected.
North Sea
No supporting documentation is
provided other than that the catches
are insignificant in the demersal
fisheries. Indications that there are
no methods available to reduce
bycatch of industrial species in these
fisheries,
but
no
supporting
information is provided.
26
Exemption
STECF assessment
COMMENT –
COMMISSION POSITION
Scheveningen
Commission
requested by the
ADDITIONAL
response to
response to
Scheveningen
INFORMATION
Commission
revised Joint
group
position
Recommendation
Very limited information on the
fleets and fisheries. Reference to
beam
trawl
fisheries
but
no
information is provided on the
catches
or
fleets
involved.
Suggested additional data to be
requested:
a)
Supporting
detailed
documentation on catches
b) Clarification on the fleets and
fisheries to which this exemption
would be applied.
STECF plenary: notes that no
additional supporting information
has been provided to the PLEN 18-
02 so no assessment can be made
as to whether improvements in
selectivity are very difficult to
achieve or whether the costs of
handling unwanted catches are
disproportionate. However, STECF
acknowledges
that
the
catch
information provided show the level
of bycatch in the relevant fisheries is
minimal so the volume of
de minimis will be small.
STECF notes that additional catch
information has been provided for
the Swedish fleets using TR1 and
TR2 gears in the North Sea and
Skagerrak. No information has been
27
Exemption
STECF assessment
COMMENT –
COMMISSION POSITION
Scheveningen
Commission
requested by the
ADDITIONAL
response to
response to
Scheveningen
INFORMATION
Commission
revised Joint
group
position
Recommendation
supplied for
the beam
trawl
fisheries.
Whiting caught by
EWG: New exemption. Based on
NEW EXEMPTION
The Commission can accept Ok, the exemption is
Ok
beam trawlers 80-119 major increases in selectivity being
the exemption on a 3-year only requested at 2%
mm in area 4 North difficult to achieve over and above
temporary basis, and under
Sea
measures already introduced into
the condition that it is only
the fishery. In addition, the handling
granted at a lower level,
of unwanted catches is regarded as
corresponding to the level of
economically disproportionate given
discards (2%)
the difficulties in sorting very small
undersized individuals being difficult
to sort from the target species.
Limited supporting evidence, other
than reference to several selectivity
studies being undertaken in NL and
reference to several studies that
have looked at the economic
impacts of the landing obligation.
These show, in a general sense, that
additional handling on board of
unwanted catches generates extra
costs and sorting time for crews.
Catch data provided for only the NL
fleet. Not clear whether fleets from
other Member States intend to avail
of
this
exemption.
Suggested
additional data to be requested:
a)
Evidence
to
support
the
assertions that selectivity difficult to
achieve
and
handling
small
28
Exemption
STECF assessment
COMMENT –
COMMISSION POSITION
Scheveningen
Commission
requested by the
ADDITIONAL
response to
response to
Scheveningen
INFORMATION
Commission
revised Joint
group
position
Recommendation
undersized
fish
involves
disproportionate costs.
b) Detailed information on the fleets
and
fisheries
to
which
this
exemption is to be applied.
STECF
plenary:
notes
that
additional supporting information
has been provided to the PLEN 18-
02 in the form of an impact
assessment study. However, this
study is in Dutch and STECF is
unable to assess whether it supports
the proposed exemption.
STECF notes detailed catch and fleet
information has been provided for all
BT2 fleets. The catch information
shows that the volume of
de minimis requested is greater than the
observed discards in the fisheries.
This is because the
de minimis is
calculated on the combined total
catches of plaice and sole. STECF
does not understand the logic
behind this approach and notes that
this may act as a dis-incentive to
improve selectivity for whiting in the
relevant fisheries as all unwanted
catches of whiting could potentially
be discarded
29
Exemption
STECF assessment
COMMENT –
COMMISSION POSITION
Scheveningen
Commission
requested by the
ADDITIONAL
response to
response to
Scheveningen
INFORMATION
Commission
revised Joint
group
position
Recommendation
Hake is added to an Existing
combined
species
de
EXISTING
EXEMPTION, The Commission can accept Ok
Ok
existing combined de minimis but revised through the
SPECIES ADDED
this exemption
minimis caught
by inclusion of hake to the list of
trawl fisheries in area species covered by this exemption.
3a
Kattegat
/Skagerrak
The basis for the exemption is the
same as in 2017. Additional catch
data has been provided for hake.
The volumes of de minimis are quite
low reflecting the relatively low
levels of unwanted catches in this
fishery.
30
Exemption
STECF assessment
COMMENT –
COMMISSION POSITION
Scheveningen
Commission
requested by the
ADDITIONAL
response to
response to
Scheveningen
INFORMATION
Commission
revised Joint
group
position
Recommendation
Cod
and
whiting
EWG:
Existing
exemption
but
EXISTING
EXEMPTION, The Commission can accept This
exemption
is The Commission can
caught by trawls of revised by increasing the scope of
AREA EXPANDED
the exemption on a 1-year split into two parts. accept the revision
70-99 mm in area 4 this exemption to the whole of area
temporary
basis,
on 1)
The
existing
as part 1 maintains
North Sea
IV. The original exemption only
condition of data being unlimited exemption for
an existing measure
applied in area IVc.
provided for other member 4c is maintained as
and part 2 contains
states in the entirety of area such
(evaluated
by
the parts where
The justification is largely the same
4.
STECF in 2017 for 2018
more data is
as in 2017. No new information
for area 4c only).
requested. An end
provided to support widening the
2) For the extension to
date of 31 December
scope of the exemption.
areas
4a
and
4b
2019 needs to be
Scheveningen accepts
written into the JR
Information is only supplied for the
that it is granted on a
FR fleet although indications that NL
temporary basis.
vessels are involved. Suggested
additional
data
to
be
requested:Information to support
widening
the
scope
of
the
exemption.
STECF plenary: notes that evidence
of fishing effort in IVb was provided
for the French fleet in 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.
31
Exemption
STECF assessment
COMMENT –
COMMISSION POSITION
Scheveningen
Commission
requested by the
ADDITIONAL
response to
response to
Scheveningen
INFORMATION
Commission
revised Joint
group
position
Recommendation
Fish bycaught in the Existing
combined
species
de
EXISTING
EXEMPTION, The Commission can accept Ok
Ok
Northern
prawn minimis but revised by increasing
SPECIES ADDED
this exemption
fishery
caught
by the number of species included
bottom trawls (OTB) under the exemption reflecting
with mesh size of at species previously not under the
least 35 mm equipped landing obligation.
with
a
species
selective grid with The justification is the same as in
bar-spacing of max 19 2017. Additional catch data has
mm
in
area
3a been provided for the species added.
Kattegat/Skagerrak
The volumes of de minimis are quite
low reflecting the relatively low
levels of unwanted catches in this
fishery.
Sole (below MCRS) No new STECF assessment
EXISTING EXEMPTION
The Commission can accept Ok
Ok
caught by beam trawl,
this exemption
TBB 80-119 mm in
area 4 North Sea
Plaice bycatches in the No new STECF assessment
EXISTING EXEMPTION
The Commission can accept Ok
Ok
Norway lobster fishery
this exemption
caught
by
bottom
trawl, mesh size 80-
99 mm using SepNep
in area 4 North Sea
32
TECHNICAL MEASURES
Technical Measures
STECF assessment
COMMENT –
COMMISSION POSITION
Scheveningen
Commission response
requested by the MSs’
ADDITIONAL
response to
to revised Joint
groups
INFORMATION
Commission position
Recommendation
Reduction of MCRS for
No new STECF
EXISTING TECHNICAL
The Commission rejects
Scheveningen notes that
The Commission will
Norway lobster in 3a to
assessment
MEASURE
this measure, as the
the Delegated Act
seek a legal solution, if
delegated act
implementing this joint
the Technical Measures
(a) total length of 105 mm;
implementing the JR needs
recommendation will be
proposal is not adopted
(b) tail length of 59 mm;
to be based on the North
based on the North Sea
ahead of 2019.
Sea MAP. The North Sea
multiannual plan and that
(c) carapace length of 32
MAP does not foresee
this plan does not foresee
mm.
derogations to existing
derogations of existing
MCRS. Such derogation will
MCRS. As such derogations
in the future be possible
will be in the future be
once the new technical
possible once the new
measures regulation comes technical measures
into force.
regulation comes into force,
the Scheveningen group
recommends that the
Commission takes the
necessary legal steps to
allow a MCRS for Nephrops
of 105mm
as soon as the
technical measures
regulation enters into force.
Specific technical measures
No new STECF
EXISTING TECHNICAL
The Commission accepts
Ok
OK
for Skagerrak
assessment
MEASURE
these measures
Use of SepNep in fisheries
No new STECF
EXISTING TECHNICAL
The Commission accepts
Ok
OK
for Norway lobster
assessment
MEASURE
this measure
33